Pike Electric, LLC et al v. Symbion Power LLC et al

Filing 39

ORDER granting 37 Motion ; granting 11 Motion to Compel; granting 13 Motion for Permanent Injunction. Signed by District Judge Max O. Cogburn, Jr on 10/29/2012. (blf)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:1 cv1 0
PIKE ELECTRIC, LLC and PIKE
TANZANIA, LLC,
Plaintiffs,
Vs.
SYMBION POWER, LLC and SYMBION
POWER AFRICA, LLC,
Defendants.

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Order

This matter is before the court on the parties’ Joint Motion for Consent Order Granting
Pike’s Pending Motions. In the motion, the parties request that the court grant Pike’s Motion to
Compel Arbitration and Stay this Action Pending Arbitration (#11) as well as its Motion to
Enjoin Prosecution of a Duplicative Foreign Lawsuit (#13). Having considered the motion and
the representations made to the court during the October 17, 2012 status conference, and good
cause having been shown therein, the court will allow the motion.
IT IS, THEREFORE, ORDERED that the Joint Motion for Consent Order Granting
Pike’s Pending Motions (# 37), as well as Pike’s Motion to Compel Arbitration and Stay this
Action Pending Arbitration (#11) and Motion to Enjoin Prosecution of a Duplicative Foreign
Lawsuit (#13), are GRANTED. As was discussed at the status conference, the action will be
stayed until March 15, 2012. The parties’ expectations of an imminent settlement
notwithstanding, the court strongly encourages the parties to immediately begin preparing for
arbitration so that in the event that the settlement agreement is not fulfilled the matter can still be
resolved by the above date. Furthermore, as requested by the parties at the status conference,

defendants Symbion Power, LLC and Symbion Power Africa, LLC are hereby enjoined from
further prosecuting its foreign lawsuit against Pike Electric, LLC and Pike Tanzania, LLC.
Signed: October 29, 2012

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