Caraway Sheet Metal and Construction Inc v. Travelers Casualty and Surety Company of America et al

Filing 38

ORDER granting 37 Motion to Clarify. Parties beyond Pepper and Caraway may participate in the arbitration. The Court will not compel their participation absent some agreement by other parties to arbitrate.. Signed by Judge D. P. Marshall Jr. on 6/19/2015. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION

CARAWAY SHEET METAL
& CONSTRUCTION INC.

v.

PLAINTIFF

No. 4:13-cv-512-DPM

TRAVELERS CASUALTY & SURETY
COMPANY OF AMERICA; HARRY
PEPPER & ASSOCIATES INC.; BRADSHAW
CRANE RENTAL LLC, dfb/a Dick Mooney
Crane Rental; and UNITED RENTALS NORTH
AMERICA INC.

DEFENDANTS

ORDER
Parties beyond Pepper and Caraway may participate in the arbitration.
And its makes good sense for them to do so. But absent some agreement by
other parties to arbitrate, the Court will not compel their participation.
Arbitration is wholly a matter of how X, Y, or Z have agreed to handle
disputes. Nitro Distributing, Inc. v. Alticor, Inc., 453 F.3d 995, 999 (8th Cir.
2006). While there are some exceptions to this principle, Reid v. Doe Run
Resources Corp., 701 F.3d 840, 846 (8th Cir. 2012), Caraway has not argued that

any of those exceptions apply. The Court's prior Order covered only the
signatories to the arbitration agreement. Motion to clarify, NQ 37, granted.

So Ordered.

D.P. Marshall Jr. {I
United States District Judge

-2-