Cree Inc v. BHB Energy LLC et al

Filing 87

ORDER signed by Judge Pamela Pepper on 1/17/2019. Respondents ENJOINED from pursuing any relief against petitioner in litigation/court proceeding in Mexico; for either respondent to do so would violate parties' agreement to arbitrate and cause immediate harm to petitioner. Case STAYED while parties submit dispute to arbitration. Petitioner to provide status report within 14 days of conclusion of arbitration. Clerk of Court to close case administratively. (cc: all counsel)(cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
CREE INC.,
Petitioner,
v.

Case No. 16-cv-1508-pp

BHB ENERGY LLC, and
BHP ENERGY MEXICO S. DE R.L. DE C.V.,
Respondents.
ORDER ENJOINING RESPONDENTS, STAYING CASE, REQUIRING
PETITIONER TO FILE STATUS REPORT AT CONCLUSION OF
ARBITRATION, AND CLOSING CASE FOR ADMINISTRATIVE PURPOSES
The court has resolved all pending motions. It has granted the
petitioner’s petition to compel arbitration and stay litigation and enjoined any
litigation in Mexico arising from the parties’ dispute. Dkt. No. 81. It has
awarded sanctions against BHP Energy Mexico S. de R.L. de C.V. for evading
service. Dkt. No. 86. All that remains is for the court stay the litigation before
it, and close the case for administrative purposes while the parties submit their
dispute to arbitration.
The arbitrator and the parties can find the relevant orders on the docket,
beginning with Magistrate Judge Joseph’s order granting the petitioner’s
petition to compel arbitration and stay litigation with respect to BHB Energy
LLC. Dkt. No. 39. Judge Joseph did not separately lay out the terms of the
injunction requested in the petition to compel arbitration and stay litigation;
this court lays out those terms below.
As noted above, this court granted the petitioner’s motion for entry of
default judgment against BHP Energy Mexico, and enjoined BHP Energy
Mexico from pursuing relief against the petitioner in any litigation or court
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proceeding in Mexico arising out of or relating to the parties’ distributorship
relationship. Dkt. No. 81. At the same time, the court ordered the petitioner
and BHP Energy Mexico to proceed with arbitration in the manner provided for
in the arbitration agreements. Id. Finally, the court awarded sanctions in favor
of the petitioner and against BHP Energy Mexico in the amount of
$106,119.47. Dkt. No. 86.
Consistent with Judge Joseph’s order granting the petition to stay
against BHB Energy LLC and this court’s ruling on BHP Energy Mexico, the
court ENJOINS BHB Energy LLC and BHP Energy Mexico S. de R.L. de C.V.
from pursuing any relief against petitioner Cree, Inc. in any litigation or court
proceeding in Mexico arising out of or relating to the parties’ distributorship
agreement. The court ORDERS that for either respondent to pursue relief in
litigation or proceedings in courts in Mexico violates the parties’ agreement to
arbitrate, and would cause immediate harm to the petitioner.
The court ORDERS that the proceedings in this court are STAYED while
the parties submit their dispute to arbitration.
The court ORDERS the petitioner to provide the court with a status
report within fourteen days of the conclusion of the arbitration.
The court ORDERS the clerk of courts to administratively close this case.
Dated in Milwaukee, Wisconsin this 17th day of January, 2019.
BY THE COURT:
_____________________________________
HON. PAMELA PEPPER
United States District Judge

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