Group CG Builders and Contractors et al v. Cahaba Disaster Recovery, LLC et al
Filing
35
ORDER ADOPTING 31 REPORT AND RECOMMENDATIONS re 13 MOTION to Dismiss the Complaint or to Stay Proceedings in this Case filed by Cahaba Disaster Recovery, LLC, Stewart Gamble Fuzzell, Jr., DRC Emergency Services, LLC. The 13 Motion is GRANTED and this matter is DISMISSED on forum non conveniens subject to the conditions as set out. Signed by Judge Kristi K. DuBose on 8/7/2012. (cmj)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
GROUP CG BUILDERS AND,
CONTRACTORS et al.,
Plaintiffs,
v.
CAHABA DISASTER RECOVERY,
LLC, et al.,
Defendants.
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CIVIL ACTION NO.: 11-00729-KD-C
ORDER
After due and proper consideration of all relevant pleadings in this file, and a de novo
determination of those portions of the Report and Recommendation to which objection is made,
the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B)
and dated July 5, 2012, is ADOPTED as the opinion of this Court.
Accordingly, it is ORDERED that the Defendants’ motion to dismiss or stay the
proceedings (Docs. 13, 14) is GRANTED and this matter is DISMISSED on forum non
conveniens grounds subject to the following conditions:
1.
Defendants Cahaba Disaster Recovery, L.L.C. and DRC Emergency Services,
L.L.C. must allow the plaintiffs to reinstate their claims against them in the
Dominican Republic within 180 days of the Court’s final order dismissing this
case;
2.
Defendant Stewart Gamble Fuzzell, Jr. must submit to suit by the plaintiffs in the
Dominican Republic for actions filed within 180 days of the Court’s final order
dismissing this case;
3.
The defendants waive any applicable statutes of limitations or other defenses as a
bar to suit in the Dominican Republic;
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4.
The defendants submit to the jurisdiction of the courts of the Dominican Republic
and agree to accept service of process related to actions filed or reinstated against
them in the Dominican Republic within 180 days of the Court’s final order
dismissing this case;
5.
The defendants will respect any final judgment rendered by the courts of the
Dominican Republic;
6.
The defendants must assist the plaintiffs with any efforts to depose or otherwise
obtain relevant discovery from, and must produce for trial in the Dominican
Republic, their respective employees and officers;
7.
The defendants must make good faith and reasonable efforts to obtain the
cooperation of former employees and officers with regard to relevant discovery
and/or their attendance for trial in the Dominican Republic; and
8.
If a court in the Dominican Republic refuses jurisdiction, the Court will allow the
plaintiffs to reinstate their case in this Court.
DONE and ORDERED this the 7th day of August 2012.
/s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE
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