RALCO, LLC v. R. J. Corman Railroad Company/Carolina Lines, LLC

Filing 18

ORDER granting 13 Motion to Compel; denying as moot 15 Motion to Stay. The court STAYS the action pending arbitration of plaintiffs claims. The parties shallnotify this court upon the conclusion of the arbitration. Signed by Chief Judge James C. Dever III on 10/12/2017. (Briggeman, N.)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION No. 5:17-CV-429-D RALCO,LLC, ) ) Plaintiff, ) ) v. ) ) R.J. CORMAN RAILROAD COMPANY/ ) CAROLINA LINES, LLC, ) ) Defendant. ) ORDER On September 21, 2017, defendant moved to compel arbitration and to stay proceedings [D.E. 13] and filed a memorandum in support [D .E. 14]. Plaintiff did not respond. The record demonstrates: (1) the existence of a dispute between the parties; (2) a written agreement that includes an arbitration provision purporting to cover the dispute and that is enforceable under general provisions of contract law; ยท(3) the relationship of the transaction, as evidenced by the agreement, to interstate commerce; and (4) plaintiffs refusal to arbitrate the dispute. Thus, the court grants the motion to compel arbitration. See,~' Marmet Health Care Ctr.. Inc. v. Brown, 565 U.S. 530, 531-33 (2012) (per curiam); CompuCredit Corp. v. Greenwood, 565 U.S. 95, 98 (2012); AT&T Mobility LLC v. Concepcion, 563 U.S. 333, 344-52 (2011); Citizens. Bank v. Alafabco. Inc., 539 U.S. 52, 56-58 (2003) (per curiam); Green Tree Fin. Cor,p.-Ala. v. Randolph, 531 U.S. 79, 91-92 (2000); Galloway v. Santander Consumer USA. Inc., 819 F.3d 79, 89-90 (4thCir. 2016); Chorley Enters. v. Dickey's Barbecue Rests .. Inc., 807F.3d553, 562--63 (4th Cir. 2015); Santorov.AccentureFed. Servs.,LLC, 748F.3d217,221 (4thCir.2014);Rota-McLa.rty v. Santander Consumer USA. Inc., 700 F.3d 690, 697-98 (4th Cir. 2012); Germany v. River Terminal Ry., 477 F.2d 546, 548 (6th Cir. 1974) (per curiam). In sum, defendant's motion to compel arbitration and to stay proceedings [D.E. 13] is GRANTED. The court STAYS the action pending arbitration ofplaintiffs claims. The parties shall notify this court upon the conclusion of the arbitration. Defendant's motion to stay proceedings pending ruling and request for expedited ruling [D.E. 15] is DENIED as moot. SO ORDERED. This l!_ day of October 2017. 2

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