DEPT. OF TRANSP. v. OILFIELD HEAVY HAULERS

No. 2011-C-0912.

79 So.3d 978 (2011)

The LOUISIANA DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT v. OILFIELD HEAVY HAULERS, L.L.C., Ace Transportation, Inc., David Kyle Vincent II, and Liberty Mutual Fire Insurance Company.

Supreme Court of Louisiana.

December 6, 2011.


Attorney(s) appearing for the Case

James McCaleb Bookter , Baton Rouge, LA, for Applicant.

Gibson Gruenert & Zaunbrecher, PLLC, Paul Daniel Gibson , Jason Blake Boudreaux , Lafayette, LA, The Martin Law Firm, APLC, Dale Patrick Martin , Broussard, LA, for Respondent.


KNOLL, Justice.

This civil case presents the issue of whether scheduling a discovery conference pursuant to Rule 10.1 of the Rules for Louisiana District Courts constitutes a "step" in the prosecution or defense of an action sufficient to prevent abandonment of the action under La.Code Civ. Proc. art. 561.

After plaintiff, Louisiana Department of Transportation and Development ("DOTD"), failed to timely respond to discovery requests, defendant, Oilfield Heavy...

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