USA v. Citi Approved Enterprise L L C

Filing 19

JUDGMENT; granting 6 Motion to Compel; denying 6 Motion to Dismiss for Failure to State a Claim; denying 6 Motion to Dismiss for Lack of Jurisdiction; adopting 18 Report and Recommendations.. IT IS ORDERED, ADJUDGED, AND DECREED that, con sistent with the report and recommendation, defendants motion to compel arbitration is GRANTED as to all breach of contract claims, but is DENIED as to all Miller Act claims asserted by plaintiff in this suit. Defendants motion to dismiss is, accordingly, DENIED. Finally, plaintiffs Miller Act suit is STAYED pending arbitration of all other claims. Signed by Judge Robert R Summerhays on 9/7/2021. (crt,Jordan, P)

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Case 6:21-cv-00386-RRS-PJH Document 19 Filed 09/07/21 Page 1 of 1 PageID #: 93 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE DIVISION UNITED STATES OF AMERICA CASE NO. 6:21-CV-00386 VERSUS JUDGE ROBERT R. SUMMERHAYS CITI APPROVED ENTERPRISE LLC MAG. JUDGE PATRICK J. HANNA JUDGMENT Before this Court is a motion to compel arbitration and to dismiss or stay (Rec. Doc. 6). This motion was referred to United States Magistrate Judge Patrick J. Hanna for report and recommendation. After an independent review of the record, and noting the absence of objections filed, this Court concludes that the Magistrate Judge’s report and recommendation is correct and adopts the findings and conclusions therein as its own. Accordingly, IT IS ORDERED, ADJUDGED, AND DECREED that, consistent with the report and recommendation, defendant’s motion to compel arbitration is GRANTED as to all breach of contract claims, but is DENIED as to all Miller Act claims asserted by plaintiff in this suit. Defendant’s motion to dismiss is, accordingly, DENIED. Finally, plaintiff’s Miller Act suit is STAYED pending arbitration of all other claims. THUS DONE in Chambers on this 7th day of September, 2021. ROBERT R. SUMMERHAYS UNITED STATES DISTRICT JUDGE

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