Muecke Company, Inc. v. CVS Caremark Corpor

Case: 12-40475 Document: 00512140844 Page: 1 Date Filed: 02/11/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
February 11, 2013
No. 12-40475 Lyle W. Cayce
Clerk
THE MUECKE COMPANY, INCORPORATED; BRUCE ROGERS,
Individually and doing business as Rogers Pharmacy; BROOKSHIRE
BROTHERS PHARMACY OF KIRBYVILLE, TEXAS; DE LA ROSA
PHARMACY, INCORPORATED; HOMETOWN PHARMACY, L.C.; ROBERT
KINSEY INVESTMENTS, INCORPORATED, doing business as Kinsey’s
Pharmacy,
Plaintiffs - Appellees
v.
CVS CAREMARK CORPORATION; CVS PHARMACY, INCORPORATED;
CAREMARK RX, L.L.C.,
Defendants - Appellants
Appeal from the United States District Court
for the Southern District of Texas
U.S. Dist. Ct. No. 6:10-CV-78
Before DeMOSS, OWEN, and HAYNES, Circuit Judges.
PER CURIAM:*
CVS Pharmacy, Incorporated, Caremark Rx, L.L.C., and CVS Caremark
Corporation (“Appellants”) appeal the district court’s denial of their motion to
compel arbitration of claims brought against them by the Appellees, a group of
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-40475 Document: 00512140844 Page: 2 Date Filed: 02/11/2013
No. 12-40475
pharmacies. The parties do not dispute that the arbitration agreements in
question were not signed by Appellants, only (at most) by Appellees. Thus,
Appellants rest their request for arbitration upon the doctrine of equitable
estoppel, and our review of the district court’s decision is for abuse of discretion.
Noble Drilling Servs., Inc. v. Certex USA, Inc., 620 F.3d 469, 472-73 & n.4 (5th
Cir. 2010).
We have carefully reviewed the pertinent portions of the record in light of
the parties’ briefs and oral arguments. We conclude that the district court did
not abuse its discretion in denying the motion to compel arbitration as to the
claims against Appellants.
AFFIRMED.
2