Group CG Builders and Contractors et al v. Cahaba Disaster Recovery, LLC et al

Filing 36

JUDGMENT entered dismissing this action on forum non conveniens grounds subject to 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

JUDGMENT
In accordance with the Order issued on this date, it is hereby ORDERED, ADJUDGED
and DECREED that the Defendants’ motion to dismiss or stay the proceedings (Docs. 13, 14) is
GRANTED and this matter is 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;

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;

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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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