Bigge Crane and Rigging Co v. Entergy Operations Inc et al

Filing 74

ORDER adopting #71 REPORT AND RECOMMENDATION. The claim against Siemens Energy, Inc. is DISMISSED without prejudice. Defendant Siemens Energy, Inc.'s Motion to Dismiss or Stay the Master Services Agreement Claims (Doc. No. #40 ), and Agreed Motion to Compel Arbitration and Dismiss Claims Against Siemens Under Rule 12(b)(1) (Doc. No. #41 ) are DENIED without prejudice. This case is hereby TRANSFERRED to the United States District Court, Eastern District of Arkansas, Western Division. Separate Defendants Entergy Arkansas, Inc.'s and Entergy Operations, Inc.'s Motion to Dismiss Amended Complaint (Doc. No. #42 ), and Plaintiff Bigge Crane and Rigging Co.'s Motion to Compel Arbitration (Doc. No. #49 ), are DENIED without prejudice to consideration by the United States District Court in Arkansas. The Clerk is directed to CLOSE the file. Signed by Chief Judge Anne C. Conway on 5/13/2014. (SR) [Transferred from flmd on 5/14/2014.]

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
BIGGE CRANE AND RIGGING CO.,
Plaintiff,
v.

Case No: 6:13-cv-1356-Orl-22DAB

SIEMENS ENERGY, INC., ENTERGY
OPERATIONS, INC. and ENTERGY
ARKANSAS, INC.,
Defendants.

ORDER
This cause is before the Court on the Report and Recommendation addressing the
motions pending before this Court (Doc. Nos. 40, 41, 42, and 49).
The United States Magistrate Judge has submitted a report recommending that the claims
against Siemens Energy, Inc. be dismissed without prejudice and the action be transferred to the
United States District Court, Eastern District of Arkansas, Western Division.
After an independent de novo review of the record in this matter, and noting that no
objections were timely filed, the Court agrees entirely with the findings of fact and conclusions
of law in the Report and Recommendation.
Therefore, it is ORDERED as follows:
1.

The Report and Recommendation filed April 23, 2014 (Doc. No. 71), is

ADOPTED and CONFIRMED and made a part of this Order.
2.

The claim against Siemens Energy, Inc. is DISMISSED without prejudice.

Defendant Siemens Energy, Inc.’s Motion to Dismiss or Stay the Master Services Agreement
Claims (Doc. No. 40), and Agreed Motion to Compel Arbitration and Dismiss Claims Against
Siemens Under Rule 12(b)(1) (Doc. No. 41) are DENIED without prejudice.

3.

This case is hereby TRANSFERRED to the United States District Court, Eastern

District of Arkansas, Western Division.
4.

Separate Defendants Entergy Arkansas, Inc.’s and Entergy Operations, Inc.’s

Motion to Dismiss Amended Complaint (Doc. No. 42), and Plaintiff Bigge Crane and Rigging
Co.’s Motion to Compel Arbitration (Doc. No. 49), are DENIED without prejudice to
consideration by the United States District Court in Arkansas.
5.

The Clerk is directed to CLOSE the file.

DONE and ORDERED in Orlando, Florida on May 13, 2014.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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