Barnard Construction Company, Inc. v. Helix Electric, Inc.

Filing 17

ORDER denying 9 Motion to Dismiss. ORDERED: 1. Respondent's Motion to Dismiss is DENIED. 2. Petitioner's Petition to Compel Arbitration and Stay the State Court Action Pursuant to Sections 3 & 4 of the Federal Arbitration Act is GRANTED in part and DENIED in part. Arbitration shall proceed as provided in Section 12.17 of the Subcontract Agreement. No stay as to California State proceeding SICVCV1760838 is ordered. Signed by Judge Sam E Haddon on 9/27/2017. (ELL)

FILED
SEP 2 7 2017
Clerk, U.S. District Court
District Of Montana
Helena

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BUTTE DIVISION
BARNARD CONSTRUCTION
COMP ANY, INC.,
a Montana Corporation

No. CV-17-48-BU-SEH

Petitioner,

ORDER
vs.
HELIX ELECTRIC, INC.,
a California Corporation,
Respondent.

Petitioner filed its Petition to Compel Arbitration and Stay the State Court
Action Pursuant to Sections 3 & 4 of the Federal Arbitration Act on July 21,
2017. 1 Respondent filed its Motion to Dismiss for lack of personal jurisdiction and
improper venue on August 15, 2017. 2 On September 27, 2017, the Court
conducted a hearing on Respondent's Motion to Dismiss.
1

Doc. 1.

2

Doc. 9.

Upon the briefs and the record made in open court,
ORDERED:
1.

Respondent's Motion to Dismiss is DENIED.

2.

Petitioner's Petition to Compel Arbitration and Stay the State Court

Action Pursuant to Sections 3 & 4 of the Federal Arbitration Act is GRANTED in
part and DENIED in part. Arbitration shall proceed as provided in Section 12.17
of the Subcontract Agreement. 3 No stay as to California State proceeding
SICVCVl 760838 4 is ord_eled.
DATED this ~

fa'y° of September, 2017.

~Jo~~¢h1
United States District Judge

3

Doc. 4-2 at 34.

4

Docs. 10-4, 10-5.