govinfo:USCOURTS-laed-2_25-cv-01911-0

UNITED STATES DISTRICT COURT 
EASTERN DISTRICT OF LOUISIANA 
SUSAN RODRIGUEZ, ET AL. CIVIL ACTION 
VERSUS NO. 25-1911 
USAA CASUALTY INSURANCE 
COMPANY, ET AL. 
SECTION “O”     
  
ORDER AND REASONS 
Before the Court are three motions: Defendant USAA Casualty Insurance 
Company’s motion 1 to compel arbitration and stay proceedings and motion 2 to 
continue scheduling conference; and Plaintiffs Susan and Eloy Rodriguez’s motion 3 
to dismiss without prejudice. Considering that this Court has no  discretion to deny 
the request to stay under the Federal Arbitration Act where, as here, the parties now 
agree that arbitration is required , Defendant’s motion to compel arbitration and to 
stay will be GRANTED and the other motions will be DENIED AS MOOT. 
I. BACKGROUND 
This personal injury case arises from Susan Rodriguez’s claim that Vincent 
Taboni struck her with his car as she was crossing within a crosswalk  in New 
Orleans, Louisiana. 4 Seeking redress, the Rodriguezes filed suit against USAA 
Casualty Insurance Company  (“USAA”), Mrs. Rodriguez’s uninsured/underinsured 
motorist insurer, and Mr. Taboni in state court. USAA removed the lawsuit, invoking 
 
1 ECF No. 14. 
2 ECF No. 16. 
3 ECF No. 19. 
4 ECF No. 1-1. 
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this Court’s diversity jurisdiction. 5 The Court initially set a telephone scheduling 
conference but then cancelled the conference as premature. 6 After the Rodriguezes 
settled with Mr. Taboni, 7 USAA moved to compel arbitration and to stay this 
litigation pending arbitration. 8 USAA also moved to c ontinue the scheduling 
conference.9 And after Plaintiffs indicated that they did not oppose submitting their 
dispute to arbitration, Plaintiffs moved to dismiss  without prejudice  their 
complaint.10 
Because the Court cancelled the scheduling conference and Plaintiffs agree 
that arbitration of their claims is mandatory, the only issue to resolve is whether a 
stay or dismissal of this litigation pending arbitration is warranted. 
II. LAW AND ANALYSIS 
It is undisputed that the USAA insurance contract requires arbitration of the 
parties’ dispute, that USAA made a formal demand to submit the matter to 
arbitration, and that Plaintiffs initially denied and opposed arbitration. 11 Now that 
Plaintiffs concede that arbitration is required, they contest only USAA’s request to 
stay this litigation while the matter is arbitrated.12 
Under the circumstances, a  stay of litigation is mandatory.  Section 3 of the 
Federal Arbitration Act provides: 
 
5 ECF No. 1. 
6 ECF Nos. 12, 15. 
7 ECF Nos. 10, 11. 
8 ECF No. 14. 
9 ECF No. 16. 
10 ECF Nos. 18, 19. 
11 See ECF Nos. 14, 14-1, 14-6, 14-7, 14-8; see also ECF No. 18. 
12 ECF Nos. 18, 19. 
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If any suit or proceeding be brought in any of the courts of the United 
States upon any issue referable to arbitration . . . the court . . . 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[.] 
 
9 U.S.C. § 3 (emphasis added). Courts construe this “unambiguous” language to mean 
that the Court “has no discretion  under section 3 to deny the stay .” Texaco Expl. & 
Prod. Co., 243 F.3d 906, 909 (5th Cir.2001) (citing Hornbeck Offshore Corp. v. Coastal 
Carriers Corp., 981 F.2d 752, 754 (5 th Cir. 1993)); accord Cure & Associates, P.C. v. 
LPL Financial LLC , 118 F.4th 663, 671 (5th Cir. 2024) ; Rotolo v. Energy Erectors, 
Inc., No. 25-2213, 2026 WL 904510 (E.D. La. Apr. 2, 2026) (Milazzo, J.); Arrive NOLA 
Hotel, LLC v. Certain Underwriters at Lloyds, London, 776 F. Supp. 3d 404, 412 (E.D. 
La. 2025), appeal dismissed sub nom. Arrive NOLA Hotel, LLC v. Indian Harbor Ins. 
Co., 25-30230, 2025 WL 2948620 (5th Cir. May 23, 2025). 
 Plaintiffs fail to contend with these authorities and likewise fail to cite any 
authority in support of their request that the Court dismiss the case rather than stay 
it. Plaintiff’s dismissal arguments are without merit. A stay is mandatory.  See 9 
U.S.C. § 3. Accordingly, 
IT IS ORDERED  that Defendant’s motion13 to compel arbitration and stay 
proceedings is GRANTED  and this litigation is hereby  STAYED  pending 
arbitration.  The Clerk’s Office shall close this case for administrative and statistical 
purposes. 
 
13 ECF No. 14. 
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IT IS FURTHER ORDERED  that the motion 14 to continue scheduling 
conference and the motion15 to dismiss are DENIED AS MOOT . 
New Orleans, Louisiana, this 22nd day of April, 2026. 
BRANDON S. LONG 
UNITED STATES DISTRICT JUDGE 
 
 
14 ECF No. 16. 
15 ECF No. 19. 
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