Raju v. Murphy et al
ORDER denying 14 Motion to Stay Proceedings. Signed by District Judge Carlton W. Reeves on 09/25/2017. (mm)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
CAUSE NO. 3:17-CV-00357-CWR-LRA
ORDER DENYING STAY
Before the Court is Plaintiff Dr. Seshadri Raju’s Motion to Stay Proceedings Pending
Interlocutory Appeal. Docket No. 14. Defendant Dr. Erin Murphy opposes a stay. Docket No.
16. For the reasons below, Dr. Raju’s Motion to Stay is DENIED.
Factual and Procedural History
In June 2014, Dr. Raju and Dr. Murphy entered into a Physician Employment
Agreement. Docket No. 3 at 21-22. The Agreement contained an arbitration clause.
In March 2017, Dr. Raju filed this action in the Circuit Court of Hinds County,
Mississippi, alleging several state law claims. Docket No. 1-1. Dr. Murphy properly removed the
action to this Court in May 2017, pursuant to diversity jurisdiction. Docket No. 1.
That same month, Raju filed a Motion to Compel Arbitration and a Motion to Stay
Proceedings. Docket No. 4. This Court denied both Motions, finding that Dr. Raju waived the
arbitration clause contained in the Agreement. Raju v. Murphy, 2017 WL 3175911 (S.D. Miss.
Jul. 25, 2017). Dr. Raju appealed that order and now requests that the Court stay all proceedings
until the matter is resolved by the Fifth Circuit. Docket No. 15 at 1.
A party is not entitled to an automatic stay of court proceedings pending appeal from a
denial of a motion to compel arbitration. Weingarten Realty Inv’rs v. Miller, 661 F.3d 904, 907
(5th Cir. 2011). Rather, the decision of whether to stay a case is within the court’s discretion. Id.
In exercising this discretion, a court must first determine whether the applicant has shown that
“there is a serious legal question involved and the balance of equities heavily favors a stay.” Id.
at 910 (emphasis added). If the applicant fails to establish both elements, the court must consider
four factors: “(1) whether the stay applicant has made a strong showing that he is likely to
succeed on the merits; (2) whether the applicant will be irreparably injured absent a stay; (3)
whether issuance of the stay will substantially injure other parties interested in the proceedings;
and (4) whether public interest favors a stay.” Id. Of these factors, the first two are the most
critical. U.S. v. Transocean Deepwater Drilling, 537 F. App’x 358, 360 (5th Cir. 2013) (citing
Nken v. Holder, 556 U.S. 418, 434 (2009)).
The Fifth Circuit has held that private contractual disputes “regarding whether arbitration
is required” do not implicate a “substantial legal question.” Miller, 661 F.3d at 910. Dr. Raju
tries to get around this holding by pointing to an ancillary issue. He contends that “the Fifth
Circuit has not appeared to make a definitive ruling on what constitutes significant pre-trial
activities.” Docket No. 15 at 7 (quotation marks omitted). But that is not the point. Private
disputes which “have no far-reaching effects or public concerns” do not involve a serious legal
question. Wildmon v. Berwick Universal Pictures, 983 F. 2d 21, 24 (5th Cir. 1982).
Even if Dr. Raju could demonstrate that this case involves a serious legal question, he has
not met his burden to show that the balance of equities weighs heavily in his favor, as discussed
below. Therefore, we turn to the four-factor analysis.
Likelihood of Success on the Merits
A stay applicant is typically at a disadvantage “because the district court has already
ruled against him.” Miller, 661 F.3d at 910. That is the case here.
Dr. Raju has not offered any persuasive arguments in support of his position. He argues
that he is likely to succeed on the merits of his appeal because “the pre-litigation activities
alleged . . . are minimal” and did not cause prejudice to Dr. Murphy. Docket No. 20 at 2. For the
reasons stated in this Court’s July 25 Order, see Docket No. 12 at 3-4, the Court finds that Dr.
Raju is unlikely to succeed in his argument regarding prejudice and concludes that this factor
weighs against a stay.
Whether Plaintiff Would Suffer Irreparable Injury
As to the second factor, the only grounds for irreparable injury proffered by Dr. Raju are
“the time and expense of litigation.” Docket No. 15 at 8. The Fifth Circuit, however, has
expressly rejected those considerations as irreparable harm. Miller, 661 F.3d at 913.
Accordingly, the second factor weighs against a stay.
Substantial Harm to Defendant
Dr. Raju then argues that “the only harm to Defendant is the additional time until
Plaintiffs claims against her are concluded, and that is not enough.” Docket No. 15 at 8. The
Court agrees. The only potential injury faced by Dr. Murphy is a delay in the vindication of her
counterclaims, which does not rise to a level of substantial harm. Miller, 661 F. 3d at 913. This
factor favors granting a stay.
Dr. Raju contends that the interest of judicial economy warrants a stay. Docket No. 15 at
8. Dr. Raju, though, does not present a likelihood of success on the merits. As such, “there is
little reason to invoke the general public policy of preserving judicial resources from the risk of
reversal.” Miller, 661 F.3d at 913.
Dr. Raju also argues that the Federal Arbitration Act favors arbitration over litigation.
Docket No. 15 at 9. That may be true, but it is not determinative. The Fifth Circuit has made
clear that stays pending appeal from a denial of a motion to compel arbitration are not automatic.
See Miller, 661 F.3d at 907. In view of the Court’s previous holding that Dr. Raju’s arguments in
favor of arbitration were unavailing, the Court is not persuaded that this general policy is
sufficient to tilt this factor in favor of Dr. Raju. Accordingly, the public interest favors denying
For the reasons above, the Court concludes that a balancing of the relevant factors does
not support a stay. Plaintiff’s Motion to Stay Pending Appeal is DENIED.
SO ORDERED, this the 25th day of September, 2017.
s/ Carlton W. Reeves
UNITED STATES DISTRICT JUDGE
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