United States of America et al v. KPH Construction Corporation et al

Filing 5

ORDER that plaintiff Sunshine Rooms's request to stay the proceedings, dkt. # 3 , is GRANTED IN PART. The clerk of court is directed to close the case administratively. At the conclusion of the arbitration proceedings, any party may move to reopen the case if any issues remain unresolved and are within this court's jurisdiction. Signed by District Judge Barbara B. Crabb on 6/24/15. (jls)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - SUNSHINE ROOMS dba Crystal Structures,
ORDER
Plaintiff,
15-cv-262-bbc
v.
KPH CONSTRUCTION CORPORATION and
LIBERTY MUTUAL SURETY,
Defendants.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - In this civil action under the Miller Act and for breach of contract, plaintiff Sunshine
Rooms has filed what it calls a “notice to stay proceedings” on the ground that it is engaged
in contractually-required arbitration with defendants KPH Construction Corporation and
Liberty Mutual Surety. Dkt. #3. Plaintiff has not served defendants but they filed a limited
appearance to confirm that they are engaged in arbitration with plaintiff. Dkt. #4. Rather
than keeping this case open indefinitely during the arbitration proceedings, I will close the
case administratively. Any of the parties may move to reopen the case if the arbitration does
not resolve all the issues in this matter.

ORDER
IT IS ORDERED that plaintiff Sunshine Rooms’s request to stay the proceedings,
dkt. #3, is GRANTED IN PART.

The clerk of court is directed to close the case

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administratively. At the conclusion of the arbitration proceedings, any party may move to
reopen the case if any issues remain unresolved and are within this court’s jurisdiction.
Entered this 24th day of June, 2015.
BY THE COURT:
/s/
__________________________________
BARBARA B. CRABB
District Judge

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