Lucas B. Horton v. LeafFilter North LLC

District Court, N.D. Texas·Decided April 27, 2026·No. 3:25-cv-02318·Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

LUCAS B. HORTON, § § Plaintiff, § § V. § No. 3:25-cv-2318-X-BN § LEAFFILTER NORTH LLC, § § Defendant. § MEMORANDUM OPINION AND ORDER Plaintiff Lucas B. Horton filed a pro se complaint against Defendant LeafFilter North, LLC (“LeafFilter”) alleging violations of the Telephone Consumer Protection Act and Texas law. See Dkt. No. 2. United States District Judge Brantley Starr referred this lawsuit to the undersigned United States magistrate judge for pretrial management under 28 U.S.C. § 636(b) and a standing order of reference. LeafFilter moved to compel arbitration. See Dkt. Nos. 14 & 15. Horton responded, and LeafFilter replied. See Dkt. Nos. 16-19. And, to the extent that, without first obtaining leave, Horton filed a response to LeafFilter’s reply, that filing counts as an unauthorized sur-reply. See Gezu v. Charter Commc’ns, 17 F.4th 547, 556 (5th Cir. 2021) (“Because the rules do not provide for surreplies as a matter of right, the district court only accepts such filings ‘in exceptional or extraordinary circumstances.’” (quoting Lacher v. West, 147 F. Supp. 2d 538, 539 (N.D. Tex. 2001))). And, while, “[o]rdinarily, sur-replies are ‘heavily disfavored,’ and the decision to allow a sur-reply lies within the district court’s discretion,” “when a party raises new arguments or evidence for the first time in a reply, the district court must either give the other party an opportunity to respond or decline to rely on the new

arguments and evidence.” Ga. Firefighters’ Pension Fund v. Anadarko Petroleum Corp., 99 F.4th 770, 774 (5th Cir. 2024) (quoting Butler v. S. Porter, 999 F.3d 287, 297 (5th Cir. 2021)). And, so, if LeafFilter’s reply raises new arguments or evidence for the first time, the Court will not rely on those arguments or evidence. The Court will therefore also not consider Horton’s construed sur-reply. LeafFilter’s motion, if granted, would require that the Court not dismiss but

stay this proceeding while the parties’ dispute is subjected to arbitration under the Federal Arbitration Act (“FAA”), see Smith v. Spizzirri, 601 U.S. 472, 474 (2024), which further supports that – although the United States Court of Appeals for the Fifth Circuit has yet to definitely say so, see Lee v. Plantation of La., LLC, 454 F. App’x 358, 359 n.3 (5th Cir. 2011) (per curiam) (declining to reach the issue) – a motion to compel arbitration is nondispositive, and, so, “a magistrate judge may issue

a definitive order, rather than a report and recommendation, on the motion,” e.g., Balderrama v. Deployed Servs., LLC, ___ F. Supp. 3d ____, EP-25-CV-00214-KC, 2026 WL 301071, at *9 n.58 (W.D. Tex. Jan. 28, 2026) (“For purposes of [28 U.S.C.] § 636(b)(1)(A), a motion to compel arbitration and to stay the case pending arbitration is not the functional equivalent of an order of dismissal, because granting the motion does not conclusively terminate the matter in the federal court” – that is, a “‘stay’ in § 3 of the FAA ‘denotes the “temporary suspension” of legal proceedings, not the conclusive termination of such proceedings,’ and ‘§ 3 ensures that the parties can return to federal court if arbitration breaks down or fails to resolve the dispute.’”

(cleaned up; quoting Spizzirri, 601 U.S. at 477; citing PowerShare, Inc. v. Syntel, Inc., 597 F.3d 10, 14 (1st Cir. 2010) (“A federal court’s ruling on a motion to stay litigation pending arbitration is not dispositive of either the case or any claim or defense within it…. Thus, there is no final exercise of Article III power at the time the court acts on the motion to stay.” (citations omitted)); see also Yanez v. Dish Network, L.L.C., No. 1:20-CV-177, 2021 WL 4691909 (S.D. Tex. Apr. 23, 2021) (magistrate judge’s order granting motion to compel affirmed under FED. R. CIV. P. 72(a), see 1:20-CV-177, Dkt.

No. 30 (S.D. Tex. June 2, 2021)), aff’d, 140 F.4th 626 (5th Cir. 2025); cf. In re Ibiuna Credito Gestao de Recursos Ltda., No. 3:24-mc-24-D-BN, 2024 WL 4309481, at *3 (N.D. Tex. Aug. 8, 2024) (comparing various motions and observing that motions considered to be not dispositive are those that are “not listed in 28 U.S.C. § 636(b)(1)(A) and do not have an identical effect to, or amount to the functional equivalent of, one of the listed motions and where resolving those motions does not

terminate the only matter pending in federal court or any claim or defense and does not dispose of or bring an end to the underlying matter that is or will be pending in another federal court” (citations omitted)), rec. adopted sub nom. In re Application of Ibiuna Credito Gestao de Recursos Ltda., No. 3:24-mc-24-D, 2024 WL 4314985 (N.D. Tex. Sept. 26, 2024). The undersigned therefore enters this memorandum opinion and order denying without prejudice the motion to compel arbitration for the reasons and to the extent set out below. Applicable Background

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