Bolden v. Berry Contracting, LP

Filing 18

RULING On Motion to Dismiss. The 13 Motion to Dismiss filed by defendant, Berry Contracting, LP is granted and this matter shall be dismissed with prejudice. Signed by Judge Brian A. Jackson on 6/14/2011. (PJH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

MARCAL BOLDEN
CIVIL ACTION
VERSUS
NO. 10-531-BAJ-DLD
BERRY CONTRACTING, LP

RULING ON MOTION TO DISMISS
This matter is before the Court on a motion to dismiss or stay pending
arbitration filed by defendant, Berry Contracting, LP (“Defendant”) (doc. 13).
Plaintiff, Marcal Bolden (“Plaintiff”), has neither opposed Defendant’s motion to
dismiss or stay pending arbitration, nor responded to the Court’s order of May 24,
2011 to file a joint summary of relevant issues (doc. 16). Plaintiff filed this action
on July 28, 2010, claiming violation of La. Rev. Stat. § 23:1361 and La. Civ. Code
art. 2315 (doc. 1). Defendant raised the affirmative defense of arbitration in its
answer filed on September 13, 2010 (doc. 5).
“Federal courts have supported [a] strong policy in favor of arbitration.”
Lim v. Offshore Specialty Fabricators, Inc., 404 F.3d 898, 906 (5th Cir. 2005).
See also Gilmer v. Interstate/Johnson Lane Corp., 500 U.S. 20, 26 (1991).
Defendant has submitted a copy of an arbitration agreement between the parties
and Plaintiff has failed to set forth any reason why that agreement is not
enforceable.

CONCLUSION
Accordingly, the motion to dismiss (doc. 13) is hereby GRANTED, and this
matter shall be dismissed with prejudice.
Baton Rouge, Louisiana, June 14, 2011.

JUDGE BRIAN A. JACKSON
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

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