United States of America for the use and benefit of Precision Walls, Inc. v. W.G. Yates & Sons Construction Company et al

Filing 15

ORDER granting 13 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 11/8/2012. (Edwards, S.)

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NORTH CAROLINA

SOUTHERN DIVISION

No. 7: 12-CV-308-F

THE UNITED STATES OF AMERICA,
for the use of PRECISION WALLS, INC.,
Plaintiff,

)
)
)
)
vs.
)
)
TRA VELERS CASUALTY AND SURETY)
COMP ANY OF AMERICA; FIDELITY
)
AND DEPOSIT COMPANY OF
)
MARYLAND; ZlTRICH AMERICAN
)
INSURANCE COMPANY; CADDELL
)
CONSTRUCTION CO., INC.;
)
W.O. YATES & SONS
)
CONSTRUCTION COMPANY; and
)
CADDELL YATES JOINT VENTURE,
)
Defendants.
)

ORDER

This matter is before the court on the Parties' Joint Motion for Stay of the Proceedings
[DE-13]. The parties indicate in the motion that prior to the commencement of this action,
Precision Walls, Inc., had engaged in negotiations with Caddell Construction Company, Inc.,
W.O. Yates & Sons Construction Company, and Caddell Yates Joint Venture (collectively,
"CYJV"). The parties also indicate that Precision Walls and CYJV have reached an agreement
providing for the continuation of their negotiations, and in the event the claims cannot be
resolved by negotiation, for binding arbitration of Precision Walls' claims. The motion indicates
that the remaining parties to this action also agree to binding arbitration of all of Precision Walls'
claims in this action, if they are not first resolved by the negotiations between CYJV and
Precision Walls.
For the reasons stated therein, the parties' Joint Motion for Stay of the Proceedings [DE­

13] is ALLOWED, and this action is STAYED pending negotiations between Precision Walls
and CYJV, and if negotiations are not successful, binding arbitration 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.
SO ORDERED.

This the 8th day ofNovember, 2012.

Senior United States District Judge

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