IV. CONCLUSION
Because there is no case law directly on point that would allow the Court to extend the U.S. Supreme Courts holding in McDermott to cases in which a joint tort-feasor holds a binding arbitration agreement with the plaintiff, and there is no cases law indicating that Progressive would be barred from seeking contribution from Ausca based on Auscas arbitration agreement with Horizon,
IT IS ORDERED that Third-Party Defendant Ausca Shipping Limiteds Motion to Dismiss, R. Doc. 63, be and hereby is DENIED .