Wieland v. Shreveport Aquarium, LLC

Judgment rendered November 6.2019.

No. 53,302-CW

COURT OF APPEAL
SECOND CIRCUIT
STATE OF LOUISIANA

* * * * *

WIELAND Applicant

versus

SHREVEPORT AQUARIUM, Respondent
LLC

Appealed from the
First Judicial District Court for the
Parish of Caddo, Louisiana
Trial Court No. 611,762

Honorable Craig Owen Marcotte, Judge

WIENER, WEISS & MADISON Counsel for Applicant,
By: John M. Madison, III Wieland
Anna Wheeler O’NeaI

LYDIA M. RHODES Counsel for Respondent,
Shreveport Aquarium, LLC

Before MOORE, GARRETT, and THOMPSON, JJ.

THIS WRIT ORDER IS DESIGNATED FOR PUBLICATION.

STATE OF LOUISIANA
COURT OF APPEAL, SECOND CIRCUIT
430 Fannin Street
Shreveport, LA 71101
(318) 227-3700

No. 53,302-CW

WIELAND

VERSUS

SHREVEPORT AQUARIUM, LLC

FILED: 09/13/19
RECEIVED: BY HAND 09/13/19

On application of Wieland for SUPERVISORY WRIT in No. 611,762 on the
docket of the First Judicial District, Parish of CADDO, Judge Craig Owen
Marcotte.

WIENER, WEISS & MADISON Counsel for:
John M. Madison, III Wieland
Anna Wheeler O’Neal

Counsel for:
Lydia M. Rhodes Shreveport Aquarium, LLC

Before MOORE, GARRETT, and THOMPSON, JJ.

WRIT GRANTED AND MADE PEREMPTORY.

Applicant Wieland-Davco Corporation (Wieland) seeks supervisory review
of the denial of its “Exception of Prematurity and Motion to Stay.”

The contract between the parties contains a binding dispute resolution clause,
which provides that any claim subject to, but not resolved by, mediation pursuant to
Section 15.3 of AlA Document A201-2007, would be subject to arbitration
pursuant to Section 15.4 of AlA Document A201-2007. Section 15.3 of AlA
Document A201-2007 provides that “claims, disputes, or other matters in
controversy arising out of or related to the contract except those waived as provided
for in Sections 9.10.4, 9.10.5, and 15.1.6, shall be subject to mediation as a
condition precedent to binding dispute resolution.” Section 15.4 of AlA Document
A201-2007 provides as follows:

If the parties have selected arbitration as the method for binding
dispute resolution in the agreement, any claim subject to, but not
resolved by, mediation shall be subject to arbitration which, unless the

No. 53,302-CW Page 2

parties mutually agree otherwise, shall be administered by the
American Arbitration Association in accordance with its Construction
Industry Arbitration Rules in effect on the date of the agreement. A
demand for arbitration shall be made in writing, delivered to the other
party of the contract, and filed with the person or entity administering
the arbitration. The party filing a notice of demand for arbitration
must assert in the demand all claims then known to that party on which
arbitration is permitted to be demanded.

Copies of these documents were attached to the pleadings.

If any suit or proceeding be brought in any of the courts of the United States
upon any issue referable to arbitration under an agreement in writing for such
arbitration, the court in which such suit is pending, upon being satisfied that the
issue involved in such suit or proceeding is referable to arbitration under such an
agreement, shall on application of one of the parties stay the trial of the action until
such arbitration has been had in accordance with the terms of the agreement,
providing the applicant for the stay is not in default in proceeding with such
arbitration. 9 U.S.C. § 3. Louisiana’s Binding Arbitration Law is virtually
identical to its federal counterpart. See La. R.S. 9:420 1, et seq.

The threshold inquiry is whether the parties have agreed to arbitrate the
dispute in question. Traders’ Mart, Inc. v. AOS, Inc., 52,592 (La. App. 2 Cir.
4/10/19), 268 So. 3d 420, writ denied, 2019-00694 (La. 10/21/19), _______ So. 3d

valid agreement to arbitrate between the parties; and (2) whether the dispute in
question falls within the scope of that arbitration agreement. Id.

Here, Wieland established the existence of a valid arbitration agreement with
Shreveport Aquarium, LLC. Further, Wieland made proper demand for
arbitration, by way of written demand filed with the American Arbitration
Association and delivered to Shreveport Aquarium, LLC, and reserved its right to
proceed by arbitration in its petition. Finally, the dispute at issue arises from the
contract between the parties and, is, therefore, an issue referable to arbitration under
the terms of the agreement.

There is a strong policy in Louisiana favoring arbitration when it has been
agreed to by the parties. Morial v. BPI Home Builder, LLC, 12-2195 (La.
11/2/12), 99 So. 3d 1006; Aguillard v. Auction Mgmt. Corp., 04-2804 (La. 6/29/05),
908 So. 2d 1; Lincoln Builders, Inc. v. Raintree Inv. Corp. Thirteen, 37,965 (La.
App. 2 Cir. 1/28/04), 866 So. 2d 326. Louisiana and federal law explicitly favor
the enforcement of arbitration clauses in written contracts. Traders ‘Mart, supra.
Accordingly, the writ is granted and made peremptory. Wieland’s “Exception of

No. 53,302-CW Page 3

Prematurity and Motion to Stay” is hereby granted and the matter is remanded for
further proceedings consistent with this Court’s order.

Shreveport, Louisiana, this day of , 2019.

‘ER IS DESIGNATED FOR PUBLICATION.

FILED: Ii ‘I,

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