IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 16-30984

STEMCOR USA INCORPORATED,

 Plaintiff

v. 

CIA SIDERURGICA DO PARA COSIPAR, ET AL.,

 Defendants

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DAWEOO INTERNATIONAL CORPORATION,

 Plaintiff - Appellant

v.

THYSSENKRUPP MANNEX GMBH,

 Intervenor Plaintiff - Appellee

v.

AMERICA METALS TRADING L.L.P., ET AL.,

 Defendants

Appeal from the United States District Court

for the Eastern District of Louisiana

USDC No. 2:12-CV-2966

United States Court of Appeals

Fifth Circuit

FILED

October 17, 2018

Lyle W. Cayce

Clerk

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No. 16-30984

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Before HIGGINBOTHAM, GRAVES, and HIGGINSON, Circuit Judges.

STEPHEN A. HIGGINSON, Circuit Judge:*

In Stemcor USA Inc. v. Cia Siderurgica do Para Cosipar, 870 F.3d 370, 

372 (5th Cir. 2017), opinion withdrawn and superseded on reh’g, 895 F.3d 375 

(5th Cir. 2018), we interpreted, inter alia, a matter of Louisiana law: whether 

the state non-resident attachment statute, La. Code Civ. Proc. art. 3542, allows 

for attachment in a suit to compel arbitration. A divided panel concluded that 

it does not, after reading the phrase “action for a money judgment” to exclude 

such a suit.

This narrow issue of state statutory interpretation has divided judges on 

our court. While we regret the time that has passed, the parties’ separate 

rehearing petitions have convinced us that the precise meaning of the phrase 

“action for a money judgment” under Louisiana’s non-resident attachment 

statute carries significant consequences for state and federal commercial law. 

We believe re-examination is needed. Because we conclude that Louisiana’s 

Supreme Court is the appropriate authority to resolve the matter, we exercise 

the certification privilege granted by Rule XII of the Rules of the Supreme 

Court of Louisiana.

I. STYLE OF THE CASE

The style of the case we certify is Stemcor USA Inc. v. Cia Siderurgica 

do Para Cosipar, et al., No. 16-30984, on appeal from the United States 

District Court for the Eastern District of Louisiana, Stemcor USA, Inc. v. Am. 

Metals Trading, LLP, 199 F. Supp. 3d 1102, 1107 (E.D. La. 2016).

 

* 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.

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No. 16-30984

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II. STATEMENT OF FACTS

The factual and procedural background of this case appears at Stemcor 

USA Inc., 895 F.3d at 377-78.

III. QUESTION CERTIFIED

We hereby certify, on our own motion, the following determinative 

question of law to the Supreme Court of Louisiana:

Is a suit seeking to compel arbitration an “action for a money 

judgment” under Louisiana’s non-resident attachment statute, La. 

Code Civ. Proc. art. 3542?

IV. CONCLUSION

Should the Louisiana Supreme Court accept our request for an answer 

to this question, we disclaim any intent that the answer be confined to the 

precise form or scope of this certification. Any answer provided by the 

Louisiana Supreme Court will determine the issue on appeal in this case. 

Along with our certification, we transfer this case’s record and the appellate 

briefs.

 Case: 16-30984 Document: 00514686940 Page: 3 Date Filed: 10/17/2018