Pontchartrain Natural Gas System, k/d/s Promix, L.L.C., and Acadian Gas Pipeline System v. Texas Brine Company, LLC

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

PONTCHARTRAIN NATURAL GAS NO. 2021 CW 0086 SYSTEM, K/ D/ S PROMIX,

L. L. C., AND ACADIAN GAS PIPELINE SYSTEM

VERSUS APRIL 23, 2021

TEXAS BRINE COMPANY, LLC

In Re: Occidental Chemical Corporation, Occidental Petroleum Corporation, and Oxy USA, Inc., applying for

supervisory writs, 23rd Judicial District Court,

Parish of Assumption, No. 34265.

BEFORE: WELCH, THERIOT, AND WOLFE, JJ.

WRIT NOT CONSIDERED. The writ application appears to be

untimely. The trial court granted Texas Brine Company, LLC' s Motion to Confirm the Trial Court' s Jurisdiction Over the Parties' Tort Claims" in open court on October 22, 2020. From

the documents provided with the writ application, it does not

appear that the trial court ordered this interlocutory judgment be reduced to writing nor did the parties timely request a

written judgment per La. Code Civ. P. art. 1914( B). Therefore,

the period to file a notice of intent expired thirty days from the oral ruling. See La. Code Civ. P. art. 1914( A); Uniform

Rules of Louisiana Courts of Appeal, Rule 4- 3. The notice of

intent was not filed until January 22, 2021.

Supplementation of this writ application and/ or an

application for rehearing will not be considered. Uniform Rules of Louisiana Courts of Appeal, Rules 2- 1. 8. 7 & 4- 9.

In the event relators seek to file a new application with

this court, it must contain all pertinent documentation to establish timeliness and must comply with Rule 2- 12. 2 of the Uniform Rules of Louisiana Courts of Appeal. Any new application must be filed on or before May 23, 2021 and must contain a copy of this ruling.

JEW

MRT EW

DEPUTY C ERK OF COURT FOR THE COURT