United States of America for the use and benefit of Gaylor, Inc. of North Carolina v. Caddell Construction Co., Inc., et al

Filing 18

ORDER granting 11 Motion to Stay. The parties are DIRECTED to submit a status report regarding their negotiations and/or arbitration proceedings no later than 90 days from the filing date of this order, and every 90 days thereafter, until such negotiations and/or arbitration proceedings are concluded. Signed by Senior Judge James C. Fox on 11/13/2012. (Edwards, S.)

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NORTH CAROLINA

SOUTHERN DIVISION

No.7:12-CV-305-F
UNITED STATES OF AMERICA, for the use
ofGAYLOR INC. OF NORTH CAROLINA,
Plaintiff,

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v.

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CADDELL CONSTRUCTION CO., INC.;
W.G. YATES & SONS CONSTRUCTION
COMPANY; CADDELL YATES JOINT
VENTURE; EDWARDS ELECTRIC
SERVICE, LLC; TRAVELERS CASUALTY
AND SURETY COMPANY OF AMERICA;
FIDELITY AND DEPOSIT COMPANY OF
MARYLAND; ZURICH AMERICAN
INSURANCE COMPANY,
Defendants.

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ORDER

This matter is before the court on the Parties' Joint Motion for Stay of the Proceedings
[DE-II]. The parties indicate in the motion that prior to the commencement of this action,
Gaylor and Edwards had engaged in negotiations of Gaylor's claims. In addition, Gaylor had
commenced an arbitration proceeding against Edwards, which arbitration proceeding is being
administered by the American Arbitration Association. The arbitration proceeding has been
stayed by agreement of the parties to allow for further negotiations. The motion indicates that if
Gaylor's claims cannot be resolved through negotiations, all claims will be determined in the
arbitration proceeding Gaylor commenced against Edwards, and Caddell Construction Company,
Inc., W.G. Yates & Sons Construction Company, and Caddell Yates Joint Venture (collectively,
"CYJV") and sureties will join as parties in that arbitration proceeding.

For the reasons stated therein, the parties Joint Motion for Stay of Proceedings [DE-II] is
ALLOWED, and this action is STAYED pending negotiations between Gaylor and Edwards, and
if negotiations are not successful, through the pending arbitration proceeding with the American
Arbitration Association if necessary. The parties are DIRECTED to submit a status report
regarding their negotiations and/or arbitration proceedings no later than 90 days from the filing
date of this order, and every 90 days thereafter, until such negotiations and/or arbitration
proceedings are concluded.

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SO ORDERED. This the J.1 day of November, 2012.

irmes C. Fox
Senior United States District Judge

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