Breslow Construction, LLC v. Caddell Construction Co., Inc. et al

Filing 40

ORDER granting 24 and 27 Motion to Stay and Compel Arbitration. The parties are ORDERED to resolve all issues pertaining to this civil action through arbitration in Montgomery, Alabama, as stipulated to by all parties involved. This action hereby is STAYED pending resolution of such arbitration. Furthermore, the parties are DIRECTED to submit a status report of the arbitration proceedings no later than 90 days from the filing date of this order, and every 90 days thereafter, until such proceedings are concluded. Signed by Senior Judge James C. Fox on 5/25/2011. (Foell, S.)

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NORTH CAROLINA

SOUTHERN DIVISION

No.7:1O-CV-249-F

UNITED STATES OF AMERICA, for the )
use of BRESLOW CONSTRUCTION,
)
LLC,
)
)
Plaintiff,
)
)
v.

)
)

CADDELL CONSTRUCTION CO., INC.;
)

W.G. YATES & SONS CONSTRUCTION)

COMPANY; CADDELL YATES JOINT )
VENTURE; TRAVELERS CASUALTY )
AND SURETY COMPANY OF
)
AMERICA; FIDELITY AND DEPOSIT
)
COMPANY OF MARYLAND; and
)
ZURICH AMERICAN INSURANCE
)
COMPANY,
)
)
Defendants.
)

ORDER

This matter is before the court on the Stipulation as to Arbitration and Stay of Proceedings
[DE-38] filed by Plaintiff Breslow Construction Co., Inc. ("Plaintiff') and Defendants Caddell
Construction Co., Inc., W.G. Yates & Sons Construction Company, Caddell Yates Joint Venture,
Travelers Casualty and Surety Company of America, Fidelity and Deposit Company of Maryland,
and Zurich American Insurance Company (collectively hereinafter "Defendants"). Having reviewed
the filed stipulation, Defendants' Motions to Stay and Compel Arbitration [DE-24; DE-27] are
ALLOWED. Plaintiff and Defendants are ORDERED to resolve all issues pertaining to this civil
action through arbitration in Montgomery, Alabama, as stipulated to by all parties involved. This
action hereby is STAYED pending resolution of such arbitration. Furthermore, the parties are

DIRECTED to submit a status report of the arbitration proceedings no later than 90 days from the
filing date of this order, and every 90 days thereafter, until such proceedings are concluded.
SO ORDERED.

""

This, the 25 day of May, 2011.

~MESC.FOX

Semor Umted States District Judge

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