Diligence Maritime, LTD v. Agribusiness United Savannah Logisticts, LLC et al

Filing 24

ORDER granting 23 Motion to Stay the case. ORDERED that the Clerk shall ADMINISTRATIVELY CLOSE this case without prejudice to the right of any party with standing to reopen it. See, e.g., In re Heritage Southwest Medical Group PA, 464 F. App'x 285, 287 (5th Cir. 2012) ("administrative closure does not have any effect on the rights of the parties and is simply a docket-management device."). Signed by Magistrate Judge G. R. Smith on 11/5/15. (wwp) (loh).

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
I IILt1it'd
DILIGENCE MARITIME, LTD.,

)
)

Plaintiff,

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Case No. 4:1 5-cv-00225-LGW-GRS

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VS.

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AGRIBUSINESS UNITED SAVANNAH
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LOGISTICS, LLC;
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AGRIBUSINESS UNITED MULTI
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COMMODITIES, INC.;
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AGRIBUSINESS UNITED NORTH
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AMERICA CORPORATION;
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AGRIBUSINESS UNITED DMCC; and
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AGRIBUSINESS UNITED AFRIQUE S.A.R.L)
AU.
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Defendants.

ORDER GRANTING
CONSENT MOTION TO STAY
PROCEEDINGS PENDING
ARBITRATION IN LONDON

NOW, upon reading the Consent Motion to Stay Proceedings Pending Arbitration in
London (Docket Entry No. 23), and the Court finding that grounds for such a stay appear to exist, it
is this 5th Day of November 2015, by the United States District Court for the Southern District of
Georgia,
ORDERED that, pursuant to section three of the Federal Arbitration Act, 9 U.S.C. § 31,
this action is hereby stayed pending resolution of the arbitration of the underlying claims, as now
commencing in London between Plaintiff Diligence Maritime, Ltd. and Defendants Agribusiness
United Savannah Logistics, LLC and Agribusiness United DMCC; and it is further

"If any suit or proceeding be brought in any of the courts of the United States upon any issue referable to
arbitration under an agreement in writing for such arbitration, the court in which such suit is pending, upon being
satisfied that the issue involved in such suit or proceeding is referable to arbitration under such an agreement, shall
on application of one of the parties stay the trial of the action until such arbitration has been had in accordance with
the terms of the agreement, providing the applicant for the stay is not in default in proceeding with such arbitration."

ORDERED that this Court shall retain subject matter jurisdiction and personal
jurisdiction over the Plaintiff and all of the Defendants for the purpose of enforcing any arbitral
award that may issue from the tribunal in London in due course; and it is further
ORDERED that the Defendants retain a full reservation of defenses as to jurisdiction and
service, as a condition of their consent to this Order.
ORDERED that the Clerk shall ADMINISTRATIVELY CLOSE this case without
prejudice to the right of any party with standing to reopen it. See, e.g., In re Heritage Southwest

Medical Group PA, 464 F. App'x 285, 287 (5th Cir. 2012) ("administrative closure does not
have any effect on the rights of the parties and is simply a docket-management device.").

Dated: Savannah, Georgia
November 5, 2015

G.R. SMA; Magistrate Judge
United States District Court