Barnes et al v. John M. O'Quinn & Associates, PLLC et al

Filing 67

ORDER denying 28 Motion to Dismiss; granting 28 Motion to Compel Arbitration; granting 28 Motion to Stay; finding as moot 30 Motion for More Definite Statement; finding as moot 30 Motion to Dismiss; granting 55 Motion to Retain Claims; granting 62 Motion for Leave to File. Signed by District Judge Sharion Aycock on 3/31/2017. (dbm)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION
BOBBY BARNES, CHARLES E. BLANKS,
VERNELL BURKS, SHIRLEY CAMPBELL SKINNER,
ESTATE OF EDWIN EUGENE CAMPBELL,
JAMES LAVON LUCAS, THEOPLIS NELSON,
WILLIAM PITTMAN, DONALD QUITMAN POWELL SR.,
ANDREW RODGERS, MYRTIS OPAL ROLAND,
ESTATE OF DAN ROLAND, LEE ROY SANDERS,
GUY MARCUS SHIFLETT, LARRY DONELL SHOWERS,
L.C. SMITH JR., JOHNNY W. THOMAS,
ROBERT WEEKS JR., ERNEST WILEY, and
PAM YARBROUGH-HAMPTON
V.

PLAINTIFFS

CIVIL ACTION NO. 4:16-CV-72-SA-JMV

JOHN M. O’QUINN & ASSOCIATES, PLLC,
JOHN M. O’QUINN & ASSOCIATES, LLP,
JOHN M. O’QUINN, P.C.,
JOHN M. O’QUINN LAW FIRM, PLLC,
T. GERALD TREECE, RICHARD N. LAMINACK,
JOE GIBSON, DANZIGER & DE LLANO, LLP, and
ABEL MANJI

DEFENDANTS

ORDER
For the reasons fully explained in a separate memorandum opinion issued this same day,
this Court ORDERS the following:
The O’Quinn Defendants’1 Motion to Compel Arbitration [28] is GRANTED and the
Barnes Plaintiffs2 are hereby ordered and compelled to arbitrate all their claims against the
O’Quinn Defendants, including Treece, in accordance with the arbitration provisions of their
contracts.
1

John M. O’Quinn & Associates, PLLC, John M. O’Quinn & Associates, LLP, John M. O’Quinn, P.C., John M.
O’Quinn Law Firm, PLLC., T. Gerald Treece (Independent Executor of the Estate of John M. O’Quinn, deceased).
2
Bobby Barnes, Charles E. Blanks, Vernell Burks, Shirley Campbell Skinner, Estate Of Edwin Eugene Campbell,
James Lavon Lucas, Theoplis Nelson, William Pittman, Donald Quitman Powell Sr., Andrew Rodgers, Myrtis Opal
Roland, Estate Of Dan Roland, Lee Roy Sanders, Guy Marcus Shiflett, Larry Donell Showers, L.C. Smith Jr.,
Johnny W. Thomas, Robert Weeks Jr., Ernest Wiley, and Pam Yarbrough-Hampton. Due to the number of pending
similar cases the Court will refer to the Plaintiffs in this case as the Barnes Plainitffs.

The Court’s grant of the O’Quinn Defendants’ Motion to Compel Arbitration renders
their request for alternative relief, Motion for a More Definite Statement [30], MOOT.
Defendant Manji’s Motion to Retain the Barnes Plaintiffs’ claims against him with the
Barnes Plaintiffs’ claims against the O’Quinn Defendants [55] is GRANTED, and the Barnes
Plaintiffs are hereby ordered and compelled to arbitrate all their claims against Manji along with
their claims against the O’Quinn Defendants in accordance with the arbitration provisions of the
Parties’ contracts.
The O’Quinn Defendants Motion to File Supplemental Evidence [62] is GRANTED, and
the Barnes Plaintiffs are hereby ordered and compelled to arbitrate their claims against the
O’Quinn Defendants including Treece, and against Manji, in an arbitration conducted by the
American Arbitration Association, under the AAA’s Commercial Arbitration Rules, in Harris
County, Texas, as required by the arbitration provisions of the Parties’ contracts.
SO ORDERED on this the 31st day of March, 2017.
/s/ Sharion Aycock
UNITED STATES DISTRICT JUDGE

2