Tribal Casino Gaming Enterprise v. W.G. Yates & Sons Construction Company et al

Filing 6

ORDER denying without prejudice 4 Motion to Stay Pending Arbitration. Signed by District Judge Martin Reidinger on 02/29/16. (emw)

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THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION CIVIL CASE NO. 1:16-cv-00030-MR-DLH TRIBAL CASINO GAMING ENTERPRISE, ) ) ) Plaintiff, ) ) vs. ) ) W.G. YATES & SONS ) CONSTRUCTION COMPANY, ) RENTENBACK CONSTRUCTORS ) INCORPORATED, METROMONT ) CORPORATION, CHOMARAT US, ) INC., and CHOMARAT NORTH ) AMERICA, LLC, ) ) Defendants. ) _______________________________ ) ORDER THIS MATTER is before the Court on the Plaintiff’s Motion to Stay Pending Arbitration. [Doc. 4]. The Plaintiff moves the Court to enter an Order staying this action as to Defendants W.G. Yates & Sons Construction Company and Rentenbach Constructors Incorporated pending arbitration. [Doc. 4]. A review of the docket indicates that none of the Defendants have made an appearance in this action. Accordingly, the Plaintiff’s motion to stay is premature and will be denied without prejudice. IT IS, THEREFORE, ORDERED that the Plaintiff’s Motion to Stay Pending Arbitration [Doc. 4] is DENIED WITHOUT PREJUDICE. IT IS SO ORDERED. Signed: February 29, 2016 2

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