Palm Beach Grading, Inc. v. Corvias Military Living, LLC et al (JOINT ASSIGN)

Filing 11

ORDERED as follows: (1) The 3 motion to stay and refer to arbitration and the 9 motion for order to stay proceedings are granted; (2) The 3 motion to dismiss is denied with leave to refile; (3) This case is stayed pending the submission of the plf's claims to arbitration and pending the completion of the arbitration proceeding; (4) The plf's claims in this case are referred to arbitration in accordance with the terms of the parties' contract, to be joined to the Pending Arbitration; The clerk of court is DIRECTED to close this matter administratively until further notice of the court. Signed by Honorable Judge Myron H. Thompson on 9/8/2015. (wcl, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION

PALM BEACH GRADING, INC.,
A Florida Corporation,

)
)
)
)
)
)
)
)
)
)
)
)

Plaintiff,
v.
CORVIAS MILITARY LIVING,
LLC, f/k/a Picerne,
et al.,
Defendants.

CIVIL ACTION NO.
1:15cv578-MHT
(WO)

ORDER
This cause is before the court on the defendants'
motion

to

stay

arbitration.
of

this

claims

case
in

judicial

proceedings

and

refer

to

In the motion the defendants seek a stay
until

this

the

case

to

plaintiff

has

arbitration

submitted
and

until

the
the

arbitration proceeding has been completed. By consent
of the plaintiff, the parties agree as follows:
1.

This

action

should

be

stayed

pending

the

submission of the plaintiff's claims to arbitration in
accordance with the parties' written agreement.

2.
filed

On or about August 20, 2014, the defendants
a

demand

Arbitration
claims
those

for

arbitration

Association

arising
stated

under

by

the

with

the

American

against

the

the

same

written

agreement

in

action.

plaintiff

plaintiff

this

for
as

That

arbitration proceeding is designated by the AAA as Case
No. 01-14-0001-2595 (the "Pending Arbitration").
3. It is appropriate for the claims asserted by the
plaintiff in this action to be referred to arbitration,
and joined to the Pending Arbitration.
***
Accordingly, it is ORDERED as follows:
(1) The motion to stay and refer to arbitration
(doc

no.

3)

and

the

motion

for

order

to

stay

proceedings (doc. no. 9) are granted.
(2) The motion to dismiss (doc. no. 3) is denied
with leave to refile.

2

(3) This case is stayed pending the submission of
the plaintiff’s claims to arbitration and pending the
completion of the arbitration proceeding.
(4)

The

plaintiff's

claims

in

this

case

are

referred to arbitration in accordance with the terms of
the

parties'

contract,

to

be

joined

to

the

Pending

Arbitration.
The clerk of court is DIRECTED to close this matter
administratively until further notice of the court.
DONE, this the 8th day of September, 2015.
/s/ Myron H. Thompson____
UNITED STATES DISTRICT JUDGE