Southern Environmental Management & Specialties, Inc. v. Richard W. "Ricky" Lee, Hannah Lee Naquin, Hunter R. Lee, Amstead Insurance, LLC, P3 Finance, LLC and Bruin Environmental and Remediation Services, LLC

Opinion

SOUTHERN ENVIRONMENTAL NO. 2024 CW 0642 MANAGEMENT & SPECIALTIES, INC.

VERSUS

RICHARD W. " RICKY" LEE,

HANNAH LEE NAQUIN, HUNTER R. LEE, AMSTEAD INSURANCE, LLC,

P3 FINANCE, LLC AND BRUIN ENVIRONMENTAL AND OCTOBER 7, 2024

REMEDIATION SERVICES, LLC

In Re: C - Train Enterprises, LLC, Mark L. Morgan, Adam Morgan,

and Lindsay Morgan Duncan, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 712869.

BEFORE: WOLFE, MILLER, AND GREENE, JJ.

WRIT GRANTED. The trial court' s June 14, 2024 judgment, which

denied the Exceptions of Prematurity filed by C - Train Enterprises, LLC, Mark L. Morgan, Adam Morgan, and Lindsay Morgan Duncan, are

reversed. The C - Train Enterprises Operating Agreement, which was

executed by Richard W. " Ricky" Lee (" Lee") and Mark Morgan, provides that "[ e] ach dispute, claim and controversy ( whether

arising during or after the term hereof) arising out of or relating to this Agreement or the breach including but not limited thereof (

to the validity of the agreement to arbitrate and the arbitrability of any matter) must be settled ... by an arbitrator ..." This agreement clearly and unmistakably provides that the parties have agreed to submit the question of arbitrability to the arbitrator rather than to the courts. Moreover, the alleged misconduct against C - Train, Mark Morgan, Adam Morgan, and Lindsay Duncan is concerted and

interdependent such that all of Lee' s claims against them are

subject to consideration by the arbitration panel. See e. g. Grigson v.

Creative Artists Agency L. L. C., 210 F. 3d 524, 527- 28 ( 5th Cir. 2000), cert. denied, Grigson v. Creative Artists Agency, 531 U. S. 1013, 121 S. Ct. 570, 148 L. Ed. 2d 488 ( 2000). Therefore, the Exceptions of Prematurity are granted, and the claims of third - party plaintiff, Richard W. " Ricky" Lee, are dismissed against

third -party defendants, C - Train Enterprises, LLC, Mark L. Morgan, Adam Morgan, and Lindsay Morgan Duncan, without prejudice.

EW SMM HG

OURT OF APPEAL, FIRST CIRCUIT

TY CLERK OF COURT FOR THE COURT