Wells Fargo Bank, N.A. v. Colonial Duraleigh Outparcel, LLC et al

Filing 13

ORDER DENYING IN PART AND GRANTING IN PART 10 Defendants' Motion to Dismiss, or in the alternative, Motion to Stay. This action is STAYED in favor or arbitration. The clerk is directed to remove the case from the Court's active docket. The parties are ordered to notify the Court within fourteen days of the conclusion of arbitration as to whether any claims remain for the Court to resolve. Signed by US District Judge Terrence W. Boyle on 4/25/2014. (Fisher, M.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:13-CV-741-BO

WELLS FARGO BANK, N.A.,
Plaintiff,

)
)
)
v.
)
)
COLONIAL DURALEIGH OUTPARCEL, )
)
LLC; H. CRAYNE HOWES; JAMES T.
STREET II; and JERRY TO. NORVELL, )
JR.,
)
Defendants.
)

ORDER

This cause comes before the Court on defendants' motion to dismiss or in the alternative
to stay based on arbitration agreement. Plaintiff opposes dismissal of this action but
acknowledges the existence and validity of the arbitration provisions at issue and agrees that they
apply to claims asserted by it in this action. Further, plaintiff agrees to promptly commence an
arbitration proceeding.
For these reasons, defendants' motion [DE 10] is GRANTED IN PART AND DENIED
IN PART. This action is hereby STAYED in favor of arbitration proceedings pursuant to 9
U.S.C. § 3. In light of the stay, the clerk is DIRECTED to remove this matter from the Court's
active docket. The parties are ORDERED to notify the Court within fourteen days of the
conclusion of arbitration as to whether any claims or issues remain for this Court to resolve.

SO ORDERED, this l_f'day of April, 2014.

~~~

T RRENCE W. BOYLE
UNITED STATES DISTRIC JUDGE