Gore Heating and A/C, Inc. v. GSC Construction, Inc., et al

Filing 17

ORDER granting 10 MOTION to Stay regarding 1 Complaint, Pending Arbitration and MOTION to Transfer Case - IT IS, THEREFORE, ORDERED that the above-captioned civil action is hereby stayed as to all parties pending arbitration of the vario us claims between GSC and the Plaintiff pursuant to the Federal Arbitration Act, 9 U.S.C. 2, et seq. It is further ordered pursuant to 28 U.S.C. 1404(a) that this civil action shall be transferred to the United States District Court, Southern District of Georgia for further proceedings to facilitate arbitration. Signed by District Judge Louise Wood Flanagan on 01/16/2015. (Baker, C.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
Civil Action No. 5:14-CV-437-FL

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UNITED STATES OF AMERICA, for
the use and benefit of GORE
HEATING AND A/C, INC.
Plaintiff,
v.
GSC CONSTRUCTION, INC. and
LIBERTY MUTUAL INSURANCE
COMPANY,
Defendants.

This

matter

is

before

ORDER

the

Court

on

Motion

of

the

Defendants, GSC Construction, Inc. (herein “GSC”) and Liberty
Mutual

Insurance

Company

(herein,

“Liberty

Mutual”)(herein

collectively “Defendants”), for an Order seeking to stay this
civil

action

Arbitration

pending

Act,

9

arbitration

U.S.C.

2,

et

pursuant
seq.,

and

to

the

seeking

Federal
an

order

transferring this civil action to the United States District
Court,

Southern

District

of

Georgia

pursuant

to

28

U.S.C.

1404(a).
It appears to the Court that the claims between GSC and the
Plaintiff

are

properly

subjected

to

a

mandatory

arbitration

clause and a mandatory forum selection clause. It also appears

to the Court that pursuant to the Federal Arbitration Act, 9
U.S.C. 2, et seq., this civil action should be stayed as to all
parties

pending

arbitration

in

Augusta,

Georgia.

It

further

appears to the Court that pursuant to 28 U.S.C. 1404(a) this
civil action should be transferred to the United States District
Court, Southern District of Georgia for further proceedings to
facilitate arbitration.
IT IS, THEREFORE, ORDERED that the above-captioned civil
action is hereby stayed as to all parties pending arbitration of
the various claims between GSC and the Plaintiff pursuant to the
Federal

Arbitration

Act,

9

U.S.C.

2,

et

seq.

It

is

further

ordered pursuant to 28 U.S.C. 1404(a) that this civil action
shall

be

Southern

transferred
District

of

to

the

United

Georgia

States

for

further

District

proceedings

facilitate arbitration.
This, the 16th day of January, 2015
___

_____________________________
LOUISE W. FLANAGAN
U.S. DISTRICT COURT JUDGE

2

Court,
to