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Southern Industrial Contractors, LLC v. Neel-Schaffer, Inc. et al

MEMORANDUM in Opposition re MOTION to Stay Proceedings

9 Cited authorities

  1. Moses H. Cone Hosp. v. Mercury Constr. Corp.

    460 U.S. 1 (1983)   Cited 11,873 times   47 Legal Analyses
    Holding stay order appealable under § 1291 where it put the litigant "effectively out of court," and "surrender[ed] jurisdiction of a federal suit to a state court"

  2. Waste Mgmt. v. Residuos Industriales Multiquim

    372 F.3d 339 (5th Cir. 2004)   Cited 96 times
    Reversing a denial of stay where the litigation and arbitration were "inherently inseparable"

  3. In re Davis

    730 F.2d 176 (5th Cir. 1984)   Cited 117 times
    Concluding that an insurance policy may be property of the estate

  4. Rainier DSC 1, L.L.C. v. Rainier Capital Management, L.P.

    828 F.3d 356 (5th Cir. 2016)   Cited 13 times
    Discussing the same

  5. Jones Walker, LLP v. Petaquilla Minerals, Ltd.

    CIVIL ACTION NO: 14-1203 SECTION: J(1) (E.D. La. Jun. 16, 2015)   Cited 4 times

    CIVIL ACTION NO: 14-1203 SECTION: J(1) 06-16-2015 JONES WALKER, LLP v. PETAQUILLA MINERALS, LTD. CARL J. BARBIER UNITED STATES DISTRICT JUDGE ORDER AND REASONS Before the Court is a Motion to Stay Pending Arbitration (Rec. Doc. 34) filed by Defendant, Petaquilla Minerals, Ltd. (Petaquilla), and an Opposition thereto (Rec. Doc. 43) by Plaintiff, Jones Walker, LLP ("Jones Walker"). Having considered the motion, the parties' submissions, the record, and the applicable law, the Court finds, for the reasons

  6. Vallejo v. Garda CL Sw., Inc.

    CIVIL ACTION NO. H-12-0555 (S.D. Tex. Nov. 26, 2013)   Cited 2 times

    CIVIL ACTION NO. H-12-0555 11-26-2013 CHRISTIAN VALLEJO, Individually and on behalf of all similarly situated current and former employees, Plaintiff, v. GARDA CL SOUTHWEST, INC., Defendant. Lee H. Rosenthal MEMORANDUM AND ORDER Christian Vallejo sued his former employer, Garda CL Southwest, Inc. (Garda), under the Fair Labor Standards Act of 1938 (FLSA), 29 U.S.C. §§ 201-19. Vallejo alleged that Garda violated the FLSA's overtime compensation requirements. (Docket Entry No. 16). Vallejo sued on

  7. CITGO PETROLEUM CORPORATION v. M/T BOW FIGHTER

    CIVIL ACTION H-07-2950 (S.D. Tex. Apr. 7, 2009)   Cited 5 times

    CIVIL ACTION H-07-2950. April 7, 2009 ORDER GRAY MILLER, District Judge Pending before the court are defendant Odfjell Seachem's ("Odjfell") and vessel claimant Odfjell Asia II PTE Ltd.'s (collectively, "Odfjell Defendants") motion to dismiss YPF's third-party cross-claim pursuant to Rule 12(b)(3) of the Federal Rules of Civil Procedure (Dkt. 59) and defendant YPF, S.A.'s ("YPF") motion to stay pending arbitration (Dkt. 61). Having reviewed the motions, responses, replies, and applicable law, the

  8. Section 3 - Stay of proceedings where issue therein referable to arbitration

    9 U.S.C. § 3   Cited 7,035 times   22 Legal Analyses
    Providing for a stay of judicial proceedings on "issue referable to arbitration"

  9. Section 11-15-105 - Application for order to proceed with arbitration; stay; determination of issues

    Miss. Code § 11-15-105   Cited 4 times

    (1) Any party to an agreement or provision for arbitration subject to Sections 11-15-101 through 11-15-143 claiming the neglect or refusal of another party thereto to comply therewith may make application to the court as described in Sections 11-15-133 and 11-15-135 for an order directing the parties to proceed with arbitration in accordance with the terms of such agreement or provision. If the court finds that no substantial issue exists as to the making of the agreement or provision, it shall grant