Thoai Nguyen Versus Jefferson Parish
CourtLouisiana Court of Appeal
Date FiledNovember 12, 2026
Docket26-C-523
JudgeStephen D. Enright
StatusUnknown
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Full Opinion
Fifth Circuit Court of Appeal
State of Louisiana
No. 26-C-523
THOAI NGUYEN, ET AL.
versus
JEFFERSON PARISH, ET AL.
IN RE THOAI NGUYEN AND VLADIMIR THOMAS
APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT
COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE
STEPHEN D. ENRIGHT, JR., DIVISION "N", No. 846-996
November 12, 2026
Panel composed of Judges Marc E. Johnson,
John J. Molaison, Jr., and Scott U. Schlegel
WRIT DENIED
The plaintiffs/relators, Thoai Nguyen and Vladimir Thomas, seek review
of the September 25, 2026 judgment of the trial court that denied their motion to
compel answers to discovery and motion for leave to serve additional
interrogatories. We deny this writ application for the following reasons.
In the original and six amending petitions, the plaintiffs filed suit against
numerous individuals and entities stemming from work performed on their
property for damage caused by Hurricane Ida on August 29, 2021. The
plaintiffs allege that Jefferson Parish and the Jefferson Parish Building Permits
Department (collectively referred to as “the Parish”) recklessly, fraudulently,
and unlawfully issued permits for the repairs to the property. The plaintiffs also
asserted claims against the Parish for violations of the Louisiana Unfair Trade
Practices and Consumer Protection Law, constitutional law, and civil rights.
The plaintiffs propounded voluminous discovery requests to the Parish,
including six sets of interrogatories, requests for production, and requests for
admission. On May 29, 2026, the plaintiffs filed an ex parte motion under La.
C.C.P. art. 1457(B) for leave to serve fourteen additional interrogatories directed
to the Parish. On June 1, 2026, the plaintiffs filed a Motion to Compel seeking
complete answers to interrogatories 29-35, answers to, or alternative
authorization for interrogatories 36-52, and requesting specific production of
certain documents. Alternatively, the plaintiffs requested the Parish provide a
privilege log. The Parish opposed both motions arguing they were
“substantively the same,” that they had fully responded to prior discovery
requests, that these discovery requests were repetitive, and excessive.
The trial court held a contradictory hearing on the plaintiffs’ motions on
September 2, 2026. At the hearing, the plaintiffs argued that the ex parte motion
to serve additional interrogatories was only a “technical matter” that La. C.C.P.
art. 1457(B) required. The plaintiffs’ attorney offered to go through the requests
one by one, but the trial court suggested they hear the Parish’s argument.
The Parish stated that it had produced the entirety of the permitting file
for the plaintiffs’ property that spanned from 2022 to March of 2023. The
Parish pointed out that it had already answered 35 interrogatories—the
maximum permitted without leave of court under La. C.C.P. art. 1457(B). In
addition, the Parish argued that the additional interrogatories and requests made
by the plaintiffs concerned alleged acts that took place in 2025. The Parish
contended that nothing had changed in this case since its prior discovery
responses, and that the plaintiffs had not shown the additional requested
documents were relevant. The Parish stated that a La. C.C.P. art. 1442
deposition was scheduled for September 30, 2026. The trial court took the
motions under advisement. On September 25, 2026, the trial court rendered
judgment denying both motions without reasons.
Two distinct rulings are before us, and they call for different standards of
review. The denial of the motion to compel is reviewed under the settled
standard that the trial court has broad discretion in regulating pretrial discovery,
and its decision will not be disturbed on appeal absent a clear abuse of that
discretion. Palowsky v. Campbell, 21-279 (La. App. 5 Cir. 8/26/21), 327 So.3d
589, 595, writ denied, 21-1428 (La. 11/23/21), 328 So.3d 74. The denial of
leave to serve additional interrogatories, by contrast, turns on the application of
La. C.C.P. art. 1457(B), a question of statutory interpretation that we review de
novo. Id. at 595.
Article 1457(B) establishes a tiered limit on interrogatories. A party may
serve up to thirty-five interrogatories, including subparts, without leave of court.
A further set, not to exceed thirty-five including subparts, “shall be allowed
upon ex parte motion of any party.” Only thereafter must a party desiring to
serve still more interrogatories file a written motion and obtain leave “after
contradictory hearing and for good cause shown.” La. C.C.P. art. 1457(B). The
thirty-five-interrogatory figure is thus the threshold above which leave of court
is required, not an absolute cap.
On the showing made, the plaintiffs have not established that the trial
court erred in denying either motion. The record before us does not establish the
total number of interrogatories, including subparts, that the plaintiffs have
propounded; absent that number, the plaintiffs have not demonstrated that their
proposed additional interrogatories fell within the tier that Art. 1457(B) requires
be allowed upon ex parte motion, rather than the tier requiring a written motion
and a showing of good cause. As to the motion to compel, the trial court acted
within its broad discretion in declining to order further responses on the record
presented.
Accordingly, we deny this writ application.
Gretna, Louisiana, this 12th day of November, 2026.
JJM
MEJ
SUS
SUSAN M. CHEHARDY CURTIS B. PURSELL
CHIEF JUDGE CLERK OF COURT
SUSAN S. BUCHHOLZ
FREDERICKA H. WICKER
CHIEF DEPUTY CLERK
JUDE G. GRAVOIS
MARC E. JOHNSON
STEPHEN J. WINDHORST LINDA M. TRAN
JOHN J. MOLAISON, JR.
FIRST DEPUTY CLERK
SCOTT U. SCHLEGEL
TIMOTHY S. MARCEL FIFTH CIRCUIT
MELISSA C. LEDET
JUDGES 101 DERBIGNY STREET (70053)
DIRECTOR OF CENTRAL STAFF
POST OFFICE BOX 489
GRETNA, LOUISIANA 70054 (504) 376-1400
(504) 376-1498 FAX
www.fifthcircuit.org
NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY
I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN
TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS
DAY 11/12/2026 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF
THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY
COUNSEL, AS LISTED BELOW:
26-C-523
E-NOTIFIED
24th Judicial District Court (Clerk)
Honorable Stephen D. Enright, Jr. (DISTRICT JUDGE)
Timothy W. Hassinger (Respondent) Vladimir Thomas (Relator)
Jacob K. Best (Respondent) Jonathan S. Forester (Respondent)
Ivana Dillas (Respondent)
Kelsey L. Bonnaffons (Respondent)
MAILED
Olivia D. Maynard (Respondent) Kurt C. Garcia (Respondent) Charles E. Leche (Respondent)
Attorney at Law Attorney at Law Attorney at Law
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