Southern Industrial Contractors, LLC v. Neel-Schaffer, Inc. et alRESPONSE in Opposition re MOTION to Stay ProceedingsS.D. Miss.February 14, 20191 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF MISSISSIPPI SOUTHERN DIVISION SOUTHERN INDUSTRIAL CONTRACTORS, LLC PLAINTIFF VERSUS CIVIL ACTION NO.: 1:17-cv-00255-LG-JCG NEEL-SCHAFFER, INC., ET AL. DEFENDANTS RESPONSE IN OPPOSITION TO MOTION TO STAY NOW COMES Plaintiff Southern Industrial Contractors, LLC (“SIC”), who appears herein to file its Response in Opposition to the Motion to Stay filed by Defendants, Yates Anderson, JV, Roy Anderson Corp., and W.G. Yates & Sons Construction Company (collectively referred to as “YAJV”).1 1. On July 10, 2017, SIC initiated this litigation against the Defendants, including YAJV, arising out of a construction project known as “West Pier Facilities”, Project No. 305 (the “Project”), which is owned by the Mississippi State Port Authority (“MSPA”). 2. On March 30, 2018, Defendant, Thompson Engineering, Inc. (“Thompson”), filed a Motion to Stay seeking to stay this litigation in its entirety pending a decision of the Mississippi Court of Appeals in the matter of Mississippi State Port Authority vs. Southern Industrial Contractors, LLC, 2017-CA-1393, which pertained to whether SIC’s claims against the MSPA are subject to an arbitration clause.2 The Motion to Stay was premised upon Section 3 of the Federal Arbitration Act. On June 26, 2018, this Court 1 R. Doc. 287. 2 R. Doc. 211. Case 1:17-cv-00255-LG-JCG Document 300 Filed 02/14/19 Page 1 of 5 2 entered an Order staying this lawsuit pending a decision of the Mississippi Court of Appeals.3 3. On December 18, 2018, the Mississippi Court of Appeals rendered its decision. Therein, the Court concluded that SIC’s claims against the MSPA are not subject to an arbitration clause. Therefore, on January 18, 2019, SIC filed a Motion to Lift Stay in these proceedings.4 On January 31, 2019, an Order was entered lifting the stay. 4. On February 1, 2019, YAJV filed the instant motion seeking to stay this litigation (again) until the conclusion of a separate arbitration arising out of the Project between SIC and one of its subcontractors, ADS, LLC (“ADS”). 5. SIC opposes any further stay of these proceedings and submits that the relief requested by YAJV should be denied for reasons set forth in the accompanying memorandum. 6. Several of the co-Defendants have filed joinders to YAJV’s Motion to Stay. R. Doc. 289, 290, 291, 296, and 299. The joinders do not assert any additional arguments, and therefore, this response is also submitted in response to the joinders. 7. In addition, Defendant, Thompson, has filed a separate Motion to Reinstate 3 R. Doc. 284. 4 R. Doc. 285. Case 1:17-cv-00255-LG-JCG Document 300 Filed 02/14/19 Page 2 of 5 3 Stay.5 Thompson’s motion asserts that this litigation should be stayed for reasons beyond the pending SIC and ADS arbitration. Therefore, SIC is filing a separate response and memorandum in opposition of Thompson’s motion. 8. SIC submits the following exhibits which are filed with this response: Exhibit “A” (SIC’s Detailed Statement of Claims filed in the ADS arbitration in June 2018); Exhibit “B” (SIC’s Reply Memorandum in Support of Motion for Partial Summary Judgment filed in the P&H arbitration); and Exhibit “C” (Notice of Hearing in ADS arbitration). WHEREFORE, Plaintiff Southern Industrial Contractors, LLC respectfully prays that this Honorable Court deny the Motion to Stay filed by Yates Anderson, JV, Roy Anderson Corp., and W.G. Yates & Sons Construction Company in its entirety. THIS the 14th day of February, 2019. Respectfully submitted, SOUTHERN INDUSTRIAL CONTRACTORS, LLC By: /s/ Christopher Solop Christopher Solop, MSB No. 7687 Lynn Patton Thompson, MSB No. 10256 Davis House, MSB No. 105315 Steven B. Loeb, LA Bar Roll No. 19443 (pro hac vice) John T. Andrishok, LA Bar Roll No. 24942 (pro hac vice) Jacob E. Roussel, LA Bar Roll No. 34742 (pro hac vice) Attorneys for Southern Industrial Contractors, LLC 5 R. Doc. 292. Case 1:17-cv-00255-LG-JCG Document 300 Filed 02/14/19 Page 3 of 5 4 OF COUNSEL: Biggs, Ingram & Solop, PLLC 111 Capitol Building, Suite 101 111 East Capitol Street Jackson, MS 39211 Telephone: 601-987-4822 Facsimile: 601-713-9920 Email: csolop@bislawyers.com lynn.thompson@bislawyers.com dhouse@bislawyers.com BREAZEALE, SACHSE & WILSON, L.L.P. One American Place, 23rd Floor Post Office Box 3197 Baton Rouge, Louisiana 70821-3197 Telephone: 225-387-4000 Fax: 225-381-8029 Email: steven.loeb@bswllp.com; john.andrishok@bswllp.com jacob.roussel@bswllp.com CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has this date been electronically filed with the Clerk of Court by using the ECF system which will send a notice of electronic filing to the following ECF participants: Judson R. Jones jjones@mhdlaw.com David W. Mockbee dmockbee@mhdlaw.com Attorneys for Neel-Schaffer, Inc. Christopher Daniel Meyer cmeyer@burr.com Charles W. Daniels, Jr. bdaniels@burr.com Attorneys for Thompson Engineering, Inc. Case 1:17-cv-00255-LG-JCG Document 300 Filed 02/14/19 Page 4 of 5 5 Kathryn Breard Platt kplatt@gallowaylawfirm.com Ryan M. Hall rhall@gallowaylawfirm.com Attorneys for Quality Engineering Services, Inc. Ronald A. Yarbrough ryarbrough@brunini.com Samuel C. Kelly skelly@brunini.com R. Lane Bobo lbobo@brunini.com Attorneys for T.L. Wallace Construction, Inc. Samuel D. Gregory sdgregory@bakerdonelson.com Cable Matthew Frost cfrost@bakerdonelson.com M. David Kurtz - PHV dkurtz@bakerdonelson.com Attorneys for CH2M Hill, Inc. William R. Purdy bpurdy@bradley.com Ralph B. Germany, Jr. rgermany@bradley.com Slates C. Veazey sveazey@bradley.com Attorneys for W.G. Yates & Sons Construction Company, Roy Anderson Corp., and Yates Anderson, JV THIS the 14th day of February, 2019. /s/ Christopher Solop Christopher Solop Case 1:17-cv-00255-LG-JCG Document 300 Filed 02/14/19 Page 5 of 5