First Insurance Company of Hawaii, Ltd. v. P and S Construction, Inc.
||First Insurance Company of Hawaii, Ltd.
||P and S Construction, Inc.
||July 28, 2017
||US District Court for the District of Guam
||Frances M. Tydingco-Gatewood
||Joaquin V.E. Manibusan
|Nature of Suit:
|Cause of Action:
|Jury Demanded By:
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|December 19, 2018
Decision and Order adopting in part 37 Report and Recommendations; denying 6 Motion to Dismiss. This court: 1. REJECTS the Report's conclusion regarding the subcontract's arbitration provision and holds that the provision is sufficien tly broad to bind FICOH; 2. ADOPTS the Report's recommendation to deny P&S's motion to dismiss but REJECTS the Report's recommendation to deny P&S's motion to stay. Therefore, IT IS HEREBY ORDERED that: 1. P&S's Motion to Di smiss is DENIED.2. P&S's Alternative Motion to Stay the proceedings pending completion of the contractually mandated provision under article 19.1 of the JWS / P&S subcontract is GRANTED. 3. The parties shall file a joint status report no later than March 19, 2019, and every quarter thereafter. In addition, the parties shall appear for a status hearing before the Magistrate Judge on March 27, 2019, at 9:00 a.m. Signed by Chief Judge Frances M. Tydingco-Gatewood on 12/19/2018. (fad, )
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