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

Filing 8

ORDER re 7 Notice (Other) filed by Barnard Construction Company, Inc.. (SEE ORDER FOR COMPLETE DETAILS) Signed by Judge Sam E Haddon on 8/11/2017. (ELL)

FILED
IN THE UNITED STATES DISTRICT COURT

AUG 1 1 2017

FOR THE DISTRICT OF MONTANA

Cieri<, U.S. District Court
District Of Montana
Helena

BUTTE DIVISION

BARNARD CONSTRUCTION
COMPANY, INC.,
a Montana Corporation

No. CV-17-48-BU-SEH

Petitioner,
ORDER

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

Petitioner moved to compel arbitration and stay a related state court action
on July 21, 2017. 9 U.S.C. § 6 states that a petition to compel arbitration "shall be
made and heard in the manner provided by law for the making and hearing of
motions." However, the summons issued by the Clerk of Court directed
Respondent under Federal Rule of Civil Procedure 12(a) to answer or otherwise

respond within 21 days after service. 1 The petition and summons were served on
Respondent on July 25, 2017. No response to the petition to compel has been filed.
Under Federal Rule of Civil Procedure 12(a), an appearance by the Respondent
will be due on or before August 15, 2017.
Petitioner filed Barnard Construction Company, Inc. 's Reply to Its Petition
to Compel Arbitration and Stay the State Court Action Pursuant to Sections 3 & 4
of the Federal Arbitration Act2 on August 11, 2017, in which it asserts that
Respondent had 14 days to respond to the petition. It further requests that the
Court immediately grant the requested relief.
Upon the filing of a response to the petition or upon failure of Respondent
to respond as directed, the Court will take such actions as may be necessary to
address issues appropriate for the Court's consideration.
DATED this / Aay of August, 2017.

United States District Court

1

See Doc. 5.

2

Doc. 7.
-2-