SCM, Inc. v. Travelers Casualty & Surety Company of America et al

Filing 17

ORDER granting 15 Consent Motion to Stay - The parties are directed to submit a status report regarding the arbitration proceedings no later than 90 days from the filing of this order, and every 90 days thereafter until the arbitration proceedings are concluded. Signed by District Judge Louise Wood Flanagan on 06/17/2014. (Baker, C.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
)
United States of America for the Use and Benefit )
of SCM, Inc.,
)
)
Plaintiff,
)
v.
)
)
Travelers Casualty and Surety Company of
)
America and Fidelity and Deposit Company of
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Maryland, and Caddell Construction Co., Inc.
)
)
Defendants.
)

Civil Action No.: 5:14-CV-00258-FL

ORDER

This matter is before the court on the Defendants’ Motion to Stay pending
completion of binding arbitration. The allegations of Plaintiff’s Complaint allege that the
subcontract at issue includes a binding arbitration provision and the underlying breach of
subcontract claim is subject to, and should be submitted to, binding arbitration.
Additionally, Plaintiff consents to Defendants’ Motion to Stay.
It appears to the Court that the requirements of the Federal Arbitration Act for a
stay of this action pursuant to 9 U.S.C. § 3 have been satisfied. Therefore, the Motion to
Stay is ALLOWED, and this action shall be stayed pending the completion of binding
arbitration between Plaintiff and Defendant Caddell Construction Co., Inc. The parties
are directed to submit a status report regarding the arbitration proceedings no later than
90 days from the filing of this order, and every 90 days thereafter until the arbitration
proceedings are concluded.

17th
SO ORDERED this the ____ day of June, 2014.

______________________________
Louise W. Flanagan
United States Judge

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