Opinion

Lewis v. Friedman

Court
District Court, E.D. Louisiana
Filed
Apr 21, 2023
Cited by
0 cases
Authority
More cited than 22.4%

The opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF LOUISIANA

PRESTON LEWIS CIVIL ACTION

VERSUS NO. 22-4007

JONATHAN FRIEDMAN et al. SECTION: “G”(5)

ORDER AND REASONS

This litigation arises from law enforcement’s alleged arrest of pro se Plaintiff Preston

Lewis (“Plaintiff”) and the seizure of $11,020 in cash on Plaintiff’s person (the “Cash”).1 Plaintiff

brings claims against Defendants Jonathan Friedman (“Friedman”), Raymond Del Valle (“Del

Valle”), Troy Pichon (“Pichon”), Steve Lynn (“Lynn”), Trent Cuccia (“Cuccia”), Jacob Weixler

(“Weixler”), K-9 Boyka, National Railroad Passenger Corporation, Amtrak (“Amtrak”),2 Amtrak

Police Department,3 Office of National Drug Control Policy, Blaise D’Antoni (“D’Antoni”),

Randy Hoth (“Hoth”), Clerk of Court, Orleans Parish (“Clerk of Court”), Melvin Zeno (“Zeno”),

Alexandra Giavotella (“Giavotella”) and Cuong Vu (“Vu”) (collectively, “Defendants”).4 Before

the Court is Weixler’s “Motion to Stay Claims Pending Arbitration.”5 Friedman and Plaintiff filed

1 See Rec. Doc. 39.

2 Plaintiff incorrectly refers to National Railroad Passenger Corporation, Amtrak as “Amtrack National

Railroad Passanger Corporation” in the Complaint. Id. at 1.

3 Plaintiff incorrectly refers to Amtrak Police Department as “Amtrack Police Department.” Id.

4 Id.

5 Rec. Doc. 28.

oppositions to the motion.6 Weixler replies in further support of the motion.7 Considering the

motion, the memoranda in support and in opposition, the record, and the applicable law, the Court

grants the motions and stays the proceedings against Weixler pending arbitration.

I. Background

A. Factual Background

In the Complaint, Plaintiff alleges that, on October 2, 2019, while boarding an Amtrak

train in New Orleans, Louisiana, he was approached by Del Valle and Pichon, who told him they

were looking for an individual named Brandon Lewis.8 After Plaintiff told them “I’m not

Brandon” and presented his identification card, Plaintiff alleges he was detained and taken to a

room where he “was searched against his will.”9 Specifically, Plaintiff alleges that Del Valle and

Pichon waited for Lynn to arrive with his K-9, at which time the officers “spread [Plaintiff’s]

bags over the room” and allowed the dog to do an “open air sniff.”10 Plaintiff contends that he

was wearing a heart monitor, sat for a long period of time, complained of chest pains, “and was

told to shut up” as the officers searched his bags.11 Plaintiff alleges that the officers found the

Cash in one of his bags and proceeded to confiscate the Cash and his Amtrak ticket even though

Plaintiff asserted his Fifth Amendment rights and told them he had a receipt for the Cash.12

Plaintiff further alleges that, after he was released, he “was presented a notice of pending

6 Rec. Docs. 31, 38.

7 Rec. Doc. 37.

8 Rec. Doc. 39 at 6.

9 Id.

10 Id. at 6–7.

11 Id. at 7.

12 Id.

forfeiture” and he filed “a claim with the Orleans Parish District Court” to get his property back.13

After learning that the courthouse was closed in early 2020 due to COVID-19, Plaintiff avers that

he called the District Attorney’s Office and spoke with D’Antoni, “an attorney of the said property

forfeiture.”14 Plaintiff asserts that D’Antoni told Plaintiff “the case was over and that the court

sent certified mail to the address [Plaintiff] had on file and that [Plaintiff] lost [his] property for

failure to respond.”15 Plaintiff further asserts that the proceeding “was held in a criminal court

where [he] was told it was a civil forfeiture” and that, despite his efforts, he never received a

response from D’Antoni after their conversation.16

Plaintiff alleges that he hired Weixler as his attorney in February 2021 and filed a “motion

for default.”17 Plaintiff avers that Weixler told him “that he found the court papers [Plaintiff] filed

with the court on November 1, 2019, in a hidden folder where no one could find it.”18 Plaintiff

alleges that, “[i]n those papers was a search and seizure warrant for the property of [Plaintiff]

signed by Friedman on October 4, 2019, days after the initial confiscation of [the Cash].”19

Plaintiff contends that Weixler told him that Hoth, “a new assistant district attorney,” would be

taking over the case and that he “should get his property back.”20 Plaintiff alleges that he “heard

that promise for the remainder of the 2021 year” and that “the court would have a hearing on the

13 Id. at 10.

14 Id. at 11.

15 Id.

16 Id.

17 Id.

18 Id. at 12.

19 Id.

20 Id.

motion soon.”21 Plaintiff avers that, having had “little to no contact with [] Weixler,” he

determined through his own research that he had an upcoming court date on the matter on

September 21, 2022, despite never receiving any notice from the court or Weixler.22 Plaintiff

avers that, at the hearing, he obtained a judgment ordering his property returned.23 However,

Plaintiff alleges that the judge presiding over the hearing told him that “since [] Weixler had not

recused himself of the case that he would have to write the ex parte motion for the return of the

property of Plaintiff.”24

Plaintiff contends that “he took the court order to every evidence location in New Orleans”

but “was told they have no such property” and he “has not had any of his property returned to

him.”25 Thus, Plaintiff brings claims against Defendants for negligence and under 42 U.S.C.

§ 1983 for deprivation of his civil rights in violation of the Fourth, Fifth, Sixth, Seventh, Eighth,

and Fourteenth Amendments (collectively, the “Section 1983 Claims”) and under Section 504 of

the Rehabilitation Act of 1973 (the “Rehabilitation Act Claim”).26 Plaintiff also seeks $50 million

in damages.27

21 Id. at 12.

22 Id. at 13.

23 Id.

24 Id.

25 Id.

26 See id. at 14, 15

27 Id. at 16.

B. Procedural Background/Federal Court Proceedings

On October 18, 2022, Plaintiff filed a Complaint in this Court.28 On January 13, 2023, the

Magistrate Judge granted Plaintiff’s motion for leave to file an amended complaint.29 Plaintiff

filed the Amended Complaint on February 20, 2023.30

Meanwhile, Weixler filed the instant motion on January 23, 2023.31 The motion was set

for submission on February 8, 2023.32 Pursuant to Local Rule 7.5, any opposition to a motion

must be filed eight days before the noticed submission date.33 Thus, any opposition to Weixler’s

motion was due on January 31, 2023. On January 31, 2023, Friedman filed a timely opposition to

the motion.34 Plaintiff filed an untimely opposition to the motion on February 13, 2023.35

Nevertheless, considering Plaintiff’s pro se status, the Court exercises its discretion to consider

Plaintiff’s untimely opposition. On February 14, 2023, with leave of Court, Weixler filed a reply

in further support of the motion.36

28 Rec. Doc. 1.

29 Rec. Doc. 25; see also Rec. Doc. 10.

30 Rec. Doc. 39.

31 Rec. Doc. 28.

32 Rec. Doc. 28-2.

33 EDLA Local Rule 7.5.

34 Rec. Doc. 31.

35 Rec. Doc. 38.

36 Rec. Doc. 37.

II. Parties’ Arguments

A. Weixler’s Arguments in Support of the Motion

In support of the motion to stay, Weixler argues that he was hired by Plaintiff in 2021 for

representation “in the civil asset forfeiture proceedings in Orleans Criminal District Court related

to [the Cash].”37 Weixler alleges that, “[a]t the outset of the engagement, [Plaintiff] signed a

written engagement letter” that contains an arbitration agreement (the “Arbitration Agreement”)

covering “[a]ny dispute, controversy or claim that may arise” between Weixler and Plaintiff and

expressly applies the arbitration rules of the American Arbitration Association (the “AAA”).38

Weixler avers that the Arbitration Agreement “is enforceable and mandatory” pursuant to the

Federal Arbitration Act., 9 U.S.C. § 1, et seq. (the “FAA”) such that this matter should be stayed

pending arbitration.39

Weixler asserts two arguments in support of this conclusion. First, Weixler argues that

Plaintiff’s claims against him are subject to mandatory arbitration under the FAA and Louisiana

law.40 Weixler asserts that, under the FAA, there is a strong presumption in favor of arbitration

that can only be overcome if the arbitration clause at issue “is not susceptible of an interpretation

that could cover the dispute.”41 Weixler further asserts that the Louisiana Supreme Court has held

that an arbitration clause between an attorney and client is valid and enforceable “provided the

clause does not limit the attorney’s substantive liability, provides for a neutral decision maker,

37 Rec. Doc. 28-1 at 1.

38 Id. at 1, 4 (quoting Rec. Doc. 28-3 at 5).

39 Id. at 1.

40 See id. at 4.

41 Id. at 4–5 (quoting Downer v. Siegel, 489 F.3d 623, 626 (5th Cir. 2007)).

and is otherwise fair and reasonable to the client.”42 Weixler avers that the Arbitration Agreement

satisfies all of the requirements laid out by the Supreme Court because it gives Plaintiff the

opportunity to opt out, sufficient time to do so, and informs Plaintiff “of the consequences of

agreeing to binding arbitration and the rights that he waives in doing so.”43 Finally, Weixler avers

that, “[w]hile it is not exactly clear what claims [Plaintiff] is attempting to allege against [him],

it is clear that any such claims ‘involve the firm’s legal services’ and are thus subject to the

[A]rbitration [A]greement.”44

Second, Weixler argues that questions regarding the arbitrability of Plaintiff’s claims must

be submitted to the arbitrator rather than determined by this Court.45 Weixler asserts that, under

the rules of the AAA, “the arbitrator ‘shall have the power to rule on his or her own jurisdiction,

including any objections with respect to the existence, scope or validity of the arbitration

agreement.’”46 Weixler contends that the United States Supreme Court and Fifth Circuit embrace

and enforce this rule.47 Therefore, Weixler concludes that, since the Arbitration Agreement

expressly states that it shall apply the AAA’s rules, “any question as to whether [Plaintiff]’s

claims against [] Weixler in this case are arbitrable must themselves be resolved by an

arbitration.”48

42 Id. at 5 (quoting Hodges v. Reasonover, 103 So. 3d 1068, 1076 (La. 2012)).

43 Id. at 5–6.

44 Id. at 7 (citing Rec. Doc. 28-3 at 5).

45 See id.

46 Id. at 7–8 (citing Comm. Arb. R., Amer. Arb. Assoc., R-7(a)).

47 Id. at 8 (first citing Henry Schein Inc. v. Archer & White Sales, Inc., 139 S. Ct. 524, 530 (2019); and then

citing Petrofac, Inc. v. DynMcDermott Petroleum Operations Co., 687 F.3d 671, 675 (5th Cir. 2017)).

48 Id.

B. Friedman’s Arguments in Opposition to the Motion

In opposition, Friedman argues that he opposes the motion “to the extent that Weixler or

any other party seeks to impose a stay as to the entirety of the litigation.”49 Friedman asserts that

he is a non-signatory to the Arbitration Agreement and “the claims against Weixler and the claims

against [Friedman] do not involve the same operative facts.”50 Finally, Friedman asserts that “any

potential arbitration between [Plaintiff] and Weixler would not be impacted by the claims against

[] Friedman.”51 Therefore, Friedman requests that any stay be imposed solely in regards to

Plaintiff’s claims against Weixler.52

C. Weixler’s Reply Memorandum to Friedman’s Opposition

In reply to Friedman’s opposition, Weixler clarifies that that he only seeks to stay all

claims Plaintiff has made against, him, not claims made against other Defendants.53 Weixler

asserts that he “does not seek to have the Court stay the entire case or to stay any claims asserted

against any other parties.”54

D. Plaintiff’s Arguments in Opposition to the Motion

In opposition to Weixler’s motion, Plaintiff argues that Weixler “engaged in illegal

activities with the court of Orleans Parish” and “[c]riminal offenses are not resolved by

49 Rec. Doc. 31 at 1.

50 Id. at 2. Friedman argues that Plaintiff brings legal malpractice claims against Weixler arising out of a

relationship forming in February 2021, whereas Plaintiff brings claims against Friedman for allegedly signing a

warrant in October 2019. Id.

51 Id. at 3.

52 Id.

53 Rec. Doc. 37 at 1.

54 Id.

arbitration.”55 Plaintiff asserts that he does not have substantial income, does “not hav[e] enough

money to afford such arbitration,” and Weixler told Plaintiff that “he needed to follow his rules,

or he would leave the case.”56 Plaintiff further asserts that he is “already aggrieved and confused

by this whole court process where no one was abiding by the court” and he would not have “a

fair shake [in] arbitration.”57 Finally, Plaintiff avers the AAA “does not trump any civil rights

laws being violated on a federal level,” that the Arbitration Agreement is only valid where both

parties intend to arbitrate, and thus an arbitrator does not have jurisdiction.58

IV. Legal Standard

The Federal Arbitration Act was enacted in order to “allow[] a party to . . . an arbitration

agreement to petition any United States district court for an order directing that such arbitration

proceed in the manner provided for in such agreement.”59 In Iberia Credit Bureau, Inc. v.

Cingular Wireless LLC, the Fifth Circuit explained that the FAA was “in large part motivated by

the goal of eliminating the courts’ historic hostility to arbitration agreements.”60 The Fifth Circuit

further explained that “Section 2 of the FAA puts arbitration agreements on the same footing as

other contracts.”61 This means that, “as a matter of federal law, arbitration agreements and clauses

55 Rec. Doc. 38 at 1.

56 Id. at 2.

57 Id.

58 Id. at 3–5.

59 Volt Info. Scis., Inc. v. Bd. of Trustees of Leland Stanford Junior Univ., 489 U.S. 468, 474 (1989) (internal

quotation marks omitted).

60 379 F.3d 159, 166 (5th Cir. 2004).

61 Id.

are to be enforced unless they are invalid under principles of state law that govern all contracts.”62

Under the FAA, there is a “strong federal policy in favor of enforcing arbitration

agreements.”63 Section 3 of the FAA provides:

If any suit or proceeding be brought in any of the courts of the United States upon

any issue referable to arbitration . . . the court . . . shall on application of one of the

parties stay the trial of the action until such arbitration has been had in accordance

with the terms of the agreement. . . .64

“[I]f the issues in a case are within the reach of that [arbitration] agreement, the district court has

no discretion under section 3 to deny the stay.”65 Generally, federal courts apply the FAA only to

parties to an arbitration agreement absent a non-party asking for a stay of the entire litigation.66

V. Analysis

A. Whether the Federal Arbitration Act Applies to this Dispute

In resolving the instant motion before the Court, it is first necessary to determine whether

the FAA governs the dispute between Plaintiff and Weixler. Section 2 of the FAA states that a

“contract evidencing a transaction involving commerce to settle by arbitration a controversy

thereafter arising out of such contract or transaction . . . shall be valid, irrevocable, and

enforceable.”67 “Commerce” under Section 1 of the FAA means “commerce among the several

62 Id.

63 Texaco Expl. & Prod. Co. v. AmClyde Engineered Prod. Co., 243 F.3d 906, 909 (5th Cir. 2001) (citing

Dean Witter Reynolds Inc. v. Byrd, 470 U.S. 213, 217 (1985)).

64 9 U.S.C. § 3.

65 Texaco Expl. & Prod. Co., 243 F.3d at 909 (citing Hornbeck Offshore Corp. v. Coastal Carriers Corp.,

981 F.2d 752, 754 (5th Cir. 1993)); Waste Mgmt., Inc. v. Residuous Industriales Multiquim, S.A. de C.V., 372 F.3d

339, 342 (5th Cir. 2004).

66 Adams v, Georgia Gulf Corp., 237 F.3d 538, 540 (5th Cir. 2001); see also Matter of Talbott Big Foot,

Inc., 887 F.2d 611,614 (5th Cir. 1989).

67 9 U.S.C. § 2 (emphasis added).

States or with foreign nations.”68 The U.S. Supreme Court has held that the FAA “provide[s] for

the enforcement of arbitration agreements within the full reach of the Commerce Clause” in the

United States Constitution.69

Here, Plaintiff does not contest that his engagement letter with Weixler involves interstate

commercial activity.70 In any event, this case involves a dispute between Plaintiff, a Florida

resident,71 and Weixler, a Louisiana attorney personally served in Louisiana.72 Plaintiff received

services from Weixler in Louisiana after agreeing to a letter of engagement sent to him via e-mail

while he resided in Florida.73 In other words, Plaintiff and Weixler “engaged in the performance

of a contract as citizens of different states.”74 Therefore, the Court finds that the Arbitration

Agreement falls within the scope of the FAA.75 The Court will now consider whether the

Arbitration Agreement is enforceable.

68 Id. § 1.

69 Perry v. Thomas, 482 U.S. 483, 490 (1987).

70 Rec. Doc 38; Rec. Doc. 39.

71 See Rec. Doc. 1-1 at 1 (Plaintiff states in the Civil Cover Sheet that he is a resident of Escambia County,

Florida.); see also Rec. Doc. 39 at 6 (Plaintiff states in the Amended Complaint that he is a resident of Pensacola,

Florida).

72 See Rec. Doc. 24; see also Rec. Doc. 28-4 at 5.

73 Rec. Doc. 28-3 at 1.

74 See TWTB, Inc. v. Rampick, No. 15-3399, 2016 WL 9449763, at *6 (E.D. La. October 25, 2016) (Brown,

J.).

75 Id.

B. Enforceability of the Arbitration Agreement

To determine if an arbitration clause is enforceable, the Fifth Circuit has established a

two-step inquiry.76 First, a court determines whether the parties agreed to arbitrate.77 This first

step itself is subdivided into two considerations: (a) whether there was a valid agreement to

arbitrate and (b) whether the dispute in question falls within the scope of the arbitration clause.78

If both questions are answered in the affirmative, the court moves on to the second step. Under

the second step, a court determines whether “any federal statute or policy renders the claims

nonarbitrable.”79

1. Whether The Arbitration Agreement is Valid

“The first question, whether an agreement exists, is a question for the court, to be

answered by applying ‘ordinary contract principles.’”80 Courts should generally apply “‘ordinary

state-law principles that govern the formation of contracts’ when deciding whether an agreement

to arbitrate exists.”81 Under Louisiana law, “[i]n the context of attorney-client arbitration clauses

. . . [a] lawyer has an obligation to fully explain to the client the possible consequences of entering

into an arbitration clause, including the legal rights the client gives up by agreeing to binding

arbitration.”82 In the absence of a “clear and explicit disclosure of the consequences of a binding

76 Fleetwood Enters., Inc. v. Gaskamp, 280 F.3d 1069, 1073 (5th Cir. 2002).

77 Id.

78 Id.

79 Jones v. Halliburton Co., 583 F.3d 228, 234 (5th Cir. 2009).

80 Gallagher v. Vokey, 860 Fed. Appx. 354, 356 (5th Cir. 2021).

81 Id. (citing First Options of Chi., Inc. v. Kaplan, 514 U.S. 938, 944 (1995)).

82 Hodges v. Reasonover, 2012-0043 (La. 2012); 103 So. 3d 1069, 1077.

arbitration clause, the client’s consent is not truly ‘informed.’”83 “At a minimum, the attorney

must disclose the following legal effects of binding arbitration, assuming they are applicable:

• Waiver of the right to a jury trial;

• Waiver of the right to an appeal;

• Waiver of the right to broad discovery under the Louisiana Code of Civil

Procedure and/or Federal Rules of Civil Procedure;

• Arbitration may involve substantial upfront costs compared to litigation;

• Explicit disclosure of the nature of claims covered by the arbitration clause,

such as fee disputes or malpractice claims;

• The arbitration clause does not impinge upon the client’s right to make a

disciplinary complaint to the appropriate authorities;

• The client has the opportunity to speak with independent counsel before

signing the contract.84

Accordingly, “a binding arbitration clause between an attorney and client does not violate

[Louisiana’s] Rule of Professional Conduct 1.8(h) provided the clause does not limit the

attorney’s substantive liability, provides for a neutral decision maker, and is otherwise fair and

reasonable to the client.”85

In Hodges v. Reasonover, the Louisiana Supreme Court found insufficient an arbitration

agreement contained in an engagement letter between attorney and client because it failed to

include a “full and complete disclosure of the potential effects of an arbitration clause,” as well

as “the types of disputes covered by the arbitration clause. . . .”86 The court determined that the

only claims contemplated by the arbitration agreement were those involving fee disputes, and

made no reference to its applicability to any other possible claims by the plaintiff.87 Nevertheless,

83 Id.

84 Id.

85 Id.

86 Id. at 1078.

87 Id.

the court recognized the validity of arbitration agreements in attorney-client engagement

agreements provided they meet the above listed requirements.88

Unlike the parties in Reasonover, Plaintiff and Weixler agreed to a letter of engagement

which contained a provision requiring arbitration of all lawyer-client disputes.89 The Arbitration

Agreement outlines that Plaintiff would waive the right to trial by a judge or jury, the right to an

appeal, and the right to broad discovery under the Louisiana Code of Civil Procedure and the

Federal Rules of Civil Procedure.90 The Arbitration Agreement also makes clear that arbitration

can involve substantial upfront costs.91 Additionally, the provisions of the Arbitration Agreement

expressly indicate the nature of the claims covered by the provision, and in no way indicates to

Plaintiff that his right to make a disciplinary complaint to the appropriate authorities has been in

any way limited.92 Finally, the agreement encourages the client to seek the advice of independent

legal counsel regarding the Arbitration Agreement, and even goes as far as to suspend the

enforcement of the Arbitration Agreement for thirty days to provide the client with adequate time

to do so.93 Accordingly, the Arbitration Agreement satisfies the Reasonover requirements above

such that it constitutes a valid agreement between Plaintiff and Weixler.

88 Id.

89 Rec. Doc. 38-1 at 4.

90 Id. at 4–5.

91 Id. at 5.

92 Id. at 4-5.

93 Id. at 5.

. 2. Whether Plaintiff’s Claims Are Within the Arbitration Agreement’s Scope

The Court must also analyze whether Plaintiff’s claims are within the scope of the

Arbitration Agreement. The question of “‘who has the primary power to decide arbitrability’ turns

upon what the parties agreed about that matter.”94 A court “will not assume that the parties agreed

to arbitrate arbitrability ‘[u]nless the parties clearly and unmistakably provide otherwise.’”95

Thus, a court must determine if the parties to the arbitration agreement “‘clearly and

unmistakably’ provided for the arbitration panel to decide arbitrability.”96 Both the Supreme

Court and the Fifth Circuit have previously held that the express adoption of the AAA’s rules

within an arbitration agreement “presents clear and unmistakable evidence that the parties agreed

to arbitrate arbitrability.”97

The Arbitration Agreement clearly adopts the AAA’s Rule, stating:

Any dispute, controversy, or claim that may arise between [Plaintiff] and the firm

(or any individual attorney in the firm) shall be resolved by an arbitrator appointed

by the parties applying the American Arbitration Association’s Commercial

Arbitration Rules, Expedited Procedures, effective at the time of the dispute.98

Accordingly, questions of arbitrability are properly reserved for the arbitrator and are not suitable

for review by this Court.99 Thus, Defendant’s motion to stay litigation pending arbitration must

be granted to allow the arbitrator to determine the arbitrability of Plaintiff’s claims.

94 Petrofac, Inc. v. DynMcDermott Petro. Operations Co., 687 F.3d 671, 675 (5th Cir. 2012) (citing First

Options of Chi., Inc., 514 U.S. at 943.

95 Id. (quoting AT&T Techs., Inc. v. Commc’ns Workers of Am., 475 U.S. 643, 649 (1986)).

96 Id.

97 See Henry Schein, Inc. v. Archer & White Sales, Inc., 139 S. Ct. 524 (2019); Petrofac, Inc., 687 F.3d at

675.

98 Rec. Doc. 38-1 at 4.

99 See, e.g., First Options of Chicago, Inc., 514 U.S. 938.

3. Whether any Federal Statute or Policy Renders Plaintiff’s Claims

Non-Arbitrable

Under the second step of the Fifth Circuit’s two-part test, the Court determines whether

any federal statute or policy renders a party’s claims non-arbitrable. Here, Plaintiff points to the

“effective vindication exception” to argue against the arbitration of his claims.100 The Supreme

Court has recognized the “effective vindication” as allowing courts to “invalidate, on ‘public

policy’ grounds, arbitration agreements that ‘operat[e] . . . as a prospective waiver of a party’s

right to pursue statutory remedies.”101 However, the Arbitration Agreement does not waive

Plaintiff’s rights to pursue statutory remedies. Rather, it stipulates that parties shall arbitrate “all

disputes relating to costs, fees, compensation, or renumeration to the firm,” as well as “all other

disputes involving the firm’s legal services.:102 The Court can find no case law to suggest that an

agreement to arbitrate disputes regarding an attorney’s representation of a client is a waiver of a

statutory right. Accordingly, Plaintiff’s claims are arbitrable. Thus, pursuant to Section 3 of the

FAA, the Court must grant a stay of the proceedings regarding Plaintiff’s claims against Weixler.

However, because no non-signatory to the Arbitration Agreement has requested a stay of the

entire proceeding, this stay applies only to Plaintiff’s claims against Weixler.103

100 Rec. Doc. 38.

101 Am. Exp. Co. v. Italian Colors Rest., 570 U.S. 228, 235–36 (2013) (quoting Mitsubishi Motors Corp. v.

Soler Chrysler-Plymouth, Inc., 473 U.S. 614, 637, n.19 (1985)) (emphasis omitted).

102 Id.

103 Adams v, Georgia Gulf Corp., 237 F.3d 538, 540 (5th Cir. 2001); see also Matter of Talbott Big Foot,

Inc., 887 F.2d 611,614 (5th Cir. 1989).

V. Conclusion

For the foregoing reasons,

IT IS HEREBY ORDERED that Weixler’s “Motion to Stay Claims Pending

Arbitration”! is GRANTED.

IT IS FURTHER ORDERED that all proceedings regarding Plaintiffs claims against

Weixler are STAYED pending arbitration. Plaintiffs claims against the remaining Defendants

shall proceed in this Court.

NEW ORLEANS, LOUISIANA, this 20th day of April, 2023.

arrette Jobuvett 0S

NANNETTE JOUYVETTE BROWN ow

CHIEF JUDGE

UNITED STATES DISTRICT COURT

104 Rec. Doc. 28.

17

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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