Case: 11-30861 Document: 00511909680 Page: 1 Date Filed: 07/03/2012
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
July 3, 2012
No. 11-30861
Lyle W. Cayce
Clerk
JAMES NEAL,
Plaintiff-Appellant
v.
NABORS DRILLING USA, L.P.,
Defendant-Appellee
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 6:11-CV-648
Before DAVIS, OWEN, and SOUTHWICK, Circuit Judges.
PER CURIAM:*
Neal appeals from an August 15, 2011 order by the district court. In its
memorandum ruling issued with the order, the district court compelled
arbitration pursuant to Section 3 of the Federal Arbitration Act, 9 U.S.C. § 3.
The order itself explained what was to occur with the lawsuit thereafter:
[T]he Clerk of this Court is to administratively terminate this action
in his records, without prejudice to the right of the parties to move
to reopen the proceedings within thirty (30) days of the date the
Arbitrator renders a decision in this matter. This order shall not be
*
Pursuant to 5TH CIR. R. 47.5, the Court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
Case: 11-30861 Document: 00511909680 Page: 2 Date Filed: 07/03/2012
No. 11-30861
considered a dismissal or disposition of this matter, and should
further proceedings in it become necessary or desirable, any party
may initiate it in the same manner as if the order had not been
entered.
This case still exists on the district court’s docket and may be reopened
upon request of the parties or on the court’s own motion. The court’s order was
the functional equivalent of a stay, not a dismissal, and there has thus not been
an appealable order. See 9 U.S.C. § 16(b)(1); Green Tree Fin. Corp.–Ala. v.
Randolph, 531 U.S. 79, 87 n.2 (2000); Mire v. Full Spectrum Lending, Inc., 389
F.3d 163, 167 (5th Cir. 2004).
DISMISSED FOR LACK OF JURISDICTION.
2