Turnley v. Discover Bank

JUDGE JOHN W. deGRAVELLES
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
SARAH LANAE TURNLEY CIVIL ACTION NO.
VERSUS 25-571-JWD-EWD
DISCOVER BANK
CONSOLIDATED WITH
SARAH LANAE TURNLEY CIVIL ACTION NO.
VERSUS 25-648-JWD-EWD
DISCOVER BANK
OPINION
After independently reviewing the entire record in this case and for the reasons set forth in
the Magistrate Judge's Report dated January 28, 2026 (Doc. 33), to which no objection was filed;
IT IS ORDERED that the Motion to Compel Arbitration and Dismiss (Doc. 8) filed
by Capital One, N.A., is DENIED WITHOUT PREJUDICE pending the outcome of a
summary trial to address the issue of the existence of an arbitration contract between the
parties, specifically contract formation and ratification/confirmation.
Since the recommendation of the Magistrate Judge has been adopted, fact discovery
in this case may proceed limited only to the issues of contract formation and
ratification/confirmation. Any such fact discovery shall be concluded by no later than April
23, 2026, as set forth in the current Scheduling Order, (Doc. 26). Additionally, now that the
recommendation is adopted, a summary trial will be scheduled after the limited discovery
deadline to address the issue of the existence of an arbitration contract between the parties,
specifically contract formation and ratification/confirmation.
Signed in Baton Rouge, Louisiana, on February 13, 2026.
S
Case 3:25-cv-00571-JWD-EWD Document 35 02/13/26 Page 1 of 1