Opinion
Civil Action No. 3:03-CV-3033-M.
July 15, 2004
ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
On June 9, 2004, United States Magistrate Judge Jeff Kaplan made findings and a recommendation in this case. Plaintiff filed objections and Defendants responded to those objections. This Court has made a de novo review of those portions of the Findings and Recommendation to which objection was made. The Court requested a response from Defendants to an issue of mutuality potentially raised by In re Halliburton Co., 80 S.W.3d 566 (Tex. 2002), cert. denied, 123 S.Ct. 901 (2003). This Court concludes that, although the language in the agreement in Halliburton is different from that here, the subject arbitration agreement does not fail for lack of mutuality because any changes to the arbitration Plan which might be made by Citicorp after thirty days' notice could not affect disputes about which Citicorp was on notice before Citicorp gave notice of a change to the arbitration Plan. Plaintiff's objections are overruled, and the Court accepts the Findings and Recommendation of the United States Magistrate Judge.