United States of America et al v. BrooAlexa, LLC et al
United States of America and TBI Investments, Inc. |
BrooAlexa, LLC and American Contractors Indemnity Company |
2:2014cv29074 |
November 26, 2014 |
US District Court for the Southern District of West Virginia |
Charleston Office |
Nicholas |
Miller Act |
40 U.S.C. ยง 270 Miller Act |
Plaintiff |
Available Case Documents
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Filing 14 MEMORANDUM OPINION AND ORDER granting in part and denying in part Defendants' Motion to Dismiss, or in the Alternative, to Stay Action and Compel Arbitration; granting said motion insofar as it requests that the Court compel the parties to arb itrate Counts I, III, and IV of the Complaint and order a stay in this case pending the completion of these arbitration proceedings; and denying said motion insofar as it requests that the Court dismiss this case, or any claims in the Complaint, p ursuant to Federal Rule of Civil Procedure 12(b)(1); the Court COMPELS the parties to arbitrate Counts I, III, and IV of the Complaint, (ECF No. 1 para. 21-24, 29-41), pursuant to the ADR Clause, (ECF No. 7, Ex. A, art. XVI; id., Ex. B., art. XVI) ; Defendants to initiate the arbitration process as to these claims within 60 days of the date of this Memorandum Opinion and Order; the Court STAYS this case pending the completion of these arbitration proceedings; the parties to file a joint motion requesting an end to the stay in this case within 30 days of the completion of these arbitration proceedings. Signed by Judge Thomas E. Johnston on 8/10/2015. (cc: counsel of record; any unrepresented party) (taq) |
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