TQ Constructors, Inc. v. ENVIRO AgScience, Inc., et al

Filing 72

ORDER terminating as moot 50 Motion to Stay and granting 71 Motion to Stay Pending Arbitration - Plaintiff will provide a report to the court on the status of arbitration proceeding on or before March 2016 after the arbitration is scheduled to occur. Signed by District Judge Louise Wood Flanagan on 07/14/2015. (Baker, C.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
Civil Action No. 7:14-CV-00205-FL

UNITED STATES OF AMERICA for the use
and benefit of TQ CONSTRUCTORS, INC.,
Plaintiff,
v.
TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA and ENVIRO
AGSCIENCE, INC.
Defendants.
ENVIRO AGSCIENCE, INC.,
Counterclaim Plaintiff,
v.
WESTERN SURETY COMPANY,
Additional Counterclaim Defendant.
v.
K.C. TILES, INC.; EAST CAROLINA
MECHANICAL, INC.; and WESTFIELD
INSURANCE COMPANY,
Third-Party Counterclaim Defendants.

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ORDER GRANTING
MOTION TO STAY
PENDING ARBITRATION

This matter is before the Court on Plaintiff United States of America for the use and
benefit of TQ Constructors, Inc. (hereinafter “TQ Constructors”)’s Motion to Stay Pending
Arbitration, and it appears to the Court that all counsel of record for all parties consent to the

Motion to Stay and that good cause exists to grant the Motion.
Therefore, it is hereby ORDERED, ADJUDGED, AND DECREED as follows:
1. The foregoing motion to stay is granted, all deadlines related to this matter are stayed,
and that Plaintiff will provide a report to the court on the status of arbitration
proceeding on or before March 2016 after the arbitration is scheduled to occur.
2. Travelers reserves any rights and defenses that it may have that are independent of the
rights and defenses of its principal, ENVIRO AgScience, Inc., and Western Surety
Company reserves any rights and defenses that it may have that are independent of the
rights and defenses of its principal, TQ Constructors, Inc., and Westfield Insurance
Company reserves any rights and defenses that it may have that are independent of the
rights and defenses of its principal, K. C. Tiles, Inc.
3. Additionally, all sureties in the case shall not raise a defense that the claims against
them in this case against them are subject to arbitration. Moreover, this disposition
moots prior motion to stay, (DE 50), which shall be terminated.
14th
July
This the _____ day of __________, 2015.

_________________________________
District Judge Louise W. Flanagan

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