Waco Functional Medicine, P.A. et al v. Heartwise Clinic, LLC
ORDER and REASONS denying 6 Motion to Dismiss Plaintiffs Claims with Prejudice Pursuant to FED. R. CIV. P. 12(b)(1) and/or 12(B)(6), or, Alternatively Stay Proceedings and Compel Arbitration. IT IS FURTHER ORDERED that Plaintiffs' "Motion to Strike Exhibits filed by Heartwise Clinic, LLC" 7 is DENIED as MOOT, as stated within document. Signed by Chief Judge Kurt D. Engelhardt on 12/7/2017. (cbs)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
WACO FUNCTIONAL MEDICINE, P.A.,
d/b/a BRAZOS INTEGRATIVE MEDICINE
and LISA KIRK, D.O.
HEARTWISE CLINIC, L.L.C.
SECTION: “N” - KDE -KWR
ORDER AND REASONS
Presently before the Court is "Defendant's Motion to Dismiss Plaintiff’s Claims with
Prejudice Pursuant to FED. R. CIV. P. 12(b)(1) and/or 12(B)(6), or, Alternatively Stay Proceedings
and Compel Arbitration." On the instant showing made, IT IS ORDERED that the motion (Rec.
Doc. 6) is DENIED. Specifically, Defendant Heartwise Clinic, L.L.C., has not provided the Court
with a properly authenticated arbitration agreement entered into by itself and Plaintiffs and
Plaintiffs contest signing the document attached as Exhibit "A" (Rec. Doc. 6-3) to Defendant's
motion. Defendant, despite having had adequate opportunity to do so, has not provided an affidavit
or sworn declaration authenticating the document as the alleged arbitration agreement between the
parties to this action. Nor has Defendant submitted any other admissible document reflecting the
existence of an arbitration agreement between the parties to this action. Additionally, Defendant's
submissions do not include an order from the arbitration panel in the American Arbitration
Association (AAA) arbitration proceeding referenced by Defendant formally adding Plaintiffs as
parties to that proceeding. The Court likewise is unaware of the current status of that proceeding,
including whether it has concluded or remains pending, the status of discovery, and whether an
arbitration hearing has been held or presently is scheduled to be held. Accordingly, the Court is
presently unable to provide Defendant with the relief requested by its motion.
Given the foregoing, IT IS FURTHER ORDERED that Plaintiffs' "Motion to Strike
Exhibits filed by Heartwise Clinic, LLC" (Rec. Doc. 7) is DENIED as MOOT.
New Orleans, Louisiana, this 7th day of December 2017.
KURT D. ENGELHARDT
United States District Judge
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