S.T. Wooten Corporation v. T.H.R. Enterprises, Inc. et al

Filing 23

ORDER granting 22 Motion to Stay. The case is stayed pending administrative exhaustion of related subcontract pass-through claims and other disputes resolution conditions precedent. Counsel for the parties shall periodically, and no less than four month intervals, file a joint report with the Court as to the status of the pass-through claims and disputes resolution processes. Signed by Chief Judge James C. Dever III on 7/25/2013. (Sawyer, D.)

IN THE UNITED STATE DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
5: 13-cv-00271-D

UNITED STATES OF AMERICA for the
useofS.T. WOOTEN CORPORATION,

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Use Plaintiff,

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v.

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T.H.R. ENTERPRISES, INC., ADVANCE
CONCRETE, L.L.C., and THE HANOVER
INSURANCE COMPANY,
Defendants.

STAY ORDER

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CAME THE PARTIES, by counsel, and stipulated their agreement as acknowledged by
the endorsement of their counsel below to an agreed stay of this action as jointly moved by them
pending administrative exhaustion of related subcontract pass-through claims and other disputes
resolution conditions precedent.
Upon consideration thereof, the Court finds good cause to grant the moved and agreed
stay, including because the stay will avoid prejudice to any party and effect judicial economy to
the parties and this Court.
Accordingly, it is hereby ORDERED that the stay be granted, and this action be, and the
same hereby is, stayed pending administrative exhaustion of related subcontract pass-through
claims and other disputes resolution conditions precedent.
Counsel for the parties shall periodically, and no less than four month intervals, file a
joint report with the Court through ECF apprising the Court as the status of the pass-through
claims and disputes resolution processes.

ENTERED: _:j_J '.f"/2013

STATES DISTRICT COURT
N DISTRICT OF NORTH CAROLINA
STIPULATED AND AGREED TO:
/s/ Tobias R. Coleman
Tobias R. Coleman (NC State Bar #41168)
Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, L.L.P.
P. 0. Box 2611
Raleigh, NC 27602
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
Counsel for S.T. Wooten Corp.
/s/ Neil S. Lowenstein
NeilS. Lowenstein (NC State Bar #26998)
Vandeventer Black LLP
434 Fayetteville Street, Suite 2000
P.O. Box 2599
Raleigh, NC 27602-2599
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
Counsel T.H.R. Enterprises, Inc. and The Hanover Insurance Company
/s/ Charles L. McLawhorn, Jr.
Charles L. McLawhorn, Jr. (NC State Bar #07419
McLawhorn & Associates, P .A.
P. 0. Box 8188
Greenville, NC 27835-8188
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
Counsel for Advance Concrete, L.L.C.