Group III Mgt, Inc. v. Dragados USA, Inc. et al

Filing 16

ORDER granting 15 Motion to Stay. All proceedings against the Dragados Sureties are stayed pending the resolution of Plaintiffs arbitrable claims against Dragados. Signed by Chief Judge James C. Dever III on 2/2/2018. (Briggeman, N.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
Southern Division
Case No.: 7:17-cv-240-D
UNITED STATES OF AMERICA,
for the Use and Benefit of
GROUP III MGT., INC.,

)
)
)
)
)
) ORDER GRANTING STAY
) PENDING ARBITRATION
)
)

Plaintiffs,
v.

DRAGADOS USA, INC., LIBERTY MUTUAL
INSURANCE COMPANY, ZURICH AMERICAN )
INSURANCE COMPANY, and THE INSURANCE )
COMPANY OF THE STATE OF PENNSYLVANIA,)
)
)

Defendants.

The Joint Motion to Stay Pending Mediation and Arbitration of Plaintiff Group
III Mgt., Inc. ("Plaintiff') and Defendants Dragados USA, Inc. ("Dragados"), Liberty
Mutual Insurance Company, Zurich American Insurance Company and The Insurance
Company of the State of Pennsylvania (collectively, the "Dragados Sureties") is before
tliis Court.
This Court finds that all of Plaintiffs claims against Dragados arise from and
depend upon a written subcontract between Plaintiff and Dragados, which contains
an arbitration provision; that the arbitration provision is valid and enforceable; that
good cause exists for granting the Motion; and that the Motion should be granted.
IT IS, THEREFORE, ORDERED that the motion is GRANTED; that any
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further proceedings in this action are stayed until such time as Plaintiffs arbitrable
claims have been arbitrated to conclusion; that upon entry of this Order, Plaintiff

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and Dragados will proceed with binding arbitration of the dispute, subject to an
arbitration agreement to be executed by the Plaintiff and Dragados; and that all
proceedings against the Dragados Sureties are stayed pending the resolution of
Plaintiffs arbitrable claims against Dragados.

SO ORDERED. This _L_ day of February 2018.

S

C. DEVER III
J
Chief United States District Judge

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