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

Filing 52

ORDER denying as moot the 47 Motion to Intervene. Counsel is reminded to read the order in its entirety for critical deadlines and information. Signed by Senior Judge James C. Fox on 11/30/2011. (Edwards, S.)

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NORTH CAROLINA

SOUTHERN DIVISION

No.7:10-CV-249-F

UNITED STATES OF AMERICA,
for the use of BRESLOW CONSTR.,LLC
Plaintiff,

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)
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WESTERN SURETY COMPANY,
Intervenor Plaintiff,

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)
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v.
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CADDELL CONSTR. CO., INC.; W.G.
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YATES & SONS CONSTR. CO.;
CADDELL YATES JOINT VENTURE;
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TRAVELERS CASUALTY AND
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SURETY CO. OF AMERICA;
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FIDELITY AND DEPOSIT CO. OF
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MARYLAND; and ZURICH AMERICAN )
INSURANCE CO.,
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Defendants.
)

ORDER

Pursuant to the parties' "Stipulations as to Intervention, Stay of Proceedings, and
Arbitration" [DE-50], and for the reasons set forth therein, it is ORDERED that Western Surety
Company ("Western Surety") is allowed to INTERVENE as a plaintiff in this action, with the
following stipulated understanding among all parties:
a) the May 25,2011, Order [DE-40] will remain in force, with all issues between Breslow
and the defendants pertaining to this civil action to be resolved through arbitration in
Montgomery, Alabama; and
b) Western Surety will participate in the arbitration and be bound by the award;

c) Travelers Casualty and Surety Company of America ("Travelers"), Fidelity and
Deposit Company of Maryland ("F&D"), and Zurich American Insurance Company ("Zurich")
will participate in the arbitration and be bound by the award; and
d) claims against Western Surety, Travelers, F&D, and Zurich for interest, attorney's fees,
bad faith, lack of good faith and fair dealing, or other such issues, or any defenses unique to
sureties shall not be the subject of the arbitration.
Western's Motion to Intervenp. [DE-47] is DENIED as moot. The order granting stay
[DE-40] remains in full force and effect, as does the direction to submit status reports on the
arbitration proceedings every 90 days.
SO ORDERED.
,II

This, the ~day of November, 2011.

ES C. FOX
enior United States District Judge

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