Davis v. Contech Construction Products Inc et al

Filing 32

ORDER denying without prejudice as moot the Motions to Compel 26 30 ; granting 31 Motion to STAY CASE. Signed by Judge Susan Webber Wright on 2/6/12. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
JERRY K. DAVIS, AS ADMINISTRATOR
OF THE ESTATE OF JOHN TANNER
DAVIS, DECEASED,

*
*
*
*
Plaintiff,
*
*
vs.
*
*
*
*
CONTECH CONSTRUCTION PRODUCTS, *
INC., A CORPORATION; PORT CITY
*
TRUCKING, INC., A CORPORATION;
*
BRUCE E. LICK, INDIVIDUALLY; AND
*
FICTITIOUS DEFENDANTS 1-10,
*
*
Defendants
*

No. 5:10cv00349 SWW

ORDER
Plaintiff Jerry K. Davis, as administrator of the estate of John Tanner Davis, deceased,
brings this action against defendants for damages following an incident on October 23, 2009, in
which John Tanner Davis was fatally injured when struck by metal corrugated pipe which fell
from a trailer allegedly loaded and shipped by Contech Construction Products, Inc. (Contech) on
a Port City Trucking, Inc. trailer. Contech has filed a motion [doc.#31] to stay this action so that
it may pursue separate litigation against the United States Department of Labor for redacting
information in an OSHA investigatory report that Contech claims is necessary for a fair trial in
this action.1 There has been no objection to Contech’s motion to stay. Having considered the
matter, the Court grants Contech’s motion and hereby stays this action in its entirety until such

1

According to Contech, the OSHA report states that in cutting the straps that held the load of pipes
together, the decedent’s actions “appear[ed] to be in conflict with the normal procedure described in an
[REDACTED].” Contech states that the redacted portion of the OSHA report will play a key role in determining
what, if any, liability Contech has to the plaintiff.

time as Contech’s suit against the Department of Labor is resolved. The Court directs Contech
to file a motion to lift the stay within twenty (20) days of the date of resolution of its action
against the Department of Labor. Because the subject of Contech’s soon-to-be filed action
against the Department of Labor will resolve Contech’s motions to compel [doc.#’s 26, 30],
those motions are denied without prejudice as moot.

IT IS SO ORDERED this 6th day of February 2012.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE

2