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

RESPONSE in Opposition re MOTION to Stay Proceedings

S.D. Miss.February 14, 2019

1 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 REINSTATE STAY NOW COMES Plaintiff Southern Industrial Contractors, LLC (“SIC”), who appears herein to file its Response in Opposition to the Motion to Reinstate Stay filed by Thompson Engineering, Inc. (“Thompson”).1 1. On July 10, 2017, SIC initiated this litigation against the Defendants, including Thompson, 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, 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 1 R. Doc. 292. 2 R. Doc. 211. Case 1:17-cv-00255-LG-JCG Document 302 Filed 02/14/19 Page 1 of 6 2 Federal Arbitration Act. On June 26, 2018, this Court 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, Thompson filed the instant motion seeking to reinstate the stay in this litigation pending the conclusion of the following three (3) separate matters arising out of the Project: 1.) an arbitration proceeding between SIC and one of its subcontractors, ADS, LLC (“ADS”); 2.) litigation in Harrison County Circuit Court between SIC and one of its subcontractors, Baker Pile Driving & Work, LLC (“Baker”); and, 3.) litigation in Harrison County Circuit Court between SIC and the owner of the Project, the MSPA. 5. In addition, Yates Anderson, JV, Roy Anderson Corp., and W.G. Yates & Sons Construction Company (collectively referred to as “YAJV”), have filed a separate Motion to Stay.5 YAJV’s motion asserts that this litigation should be stayed only pending the conclusion of arbitration between SIC and ADS. YAJV’s motion does not seek to stay this litigation pending the Baker and MSPA matters. 3 R. Doc. 284. 4 R. Doc. 285. 5 R. Doc. 287. Case 1:17-cv-00255-LG-JCG Document 302 Filed 02/14/19 Page 2 of 6 3 6. Thompson adopts and incorporates YAJV’s motion as its argument asserting that this litigation should be stayed pending the SIC/ADS arbitration. SIC is filing a separate response and memorandum in opposition of YAJV’s motion. Therefore, SIC adopts and incorporates its response and memorandum filed in connection with YAJV’s motion as SIC’s opposition to the instant motion insofar as Thompson’s motion pertains to the SIC/ADS arbitration. 7. SIC also opposes Thompson’s motion insofar as it pertains to the Baker and MSPA matters and submits that the relief requested by Thompson should be denied with respect to the Baker and MSPA matters for reasons set forth in the accompanying memorandum. 8. Several of the co-Defendants have filed joinders to Thompson’s Motion to Reinstate Stay. R. Doc. 294, 295, 297, and 298. The joinders do not assert any additional arguments, and therefore, this response is also submitted in response to the joinders. 9. SIC submits the following exhibits which are filed with this response: Exhibit “A” (Order transferring SIC’s Hinds County lawsuit); Exhibit “B” (Agreed Order filed by SIC and the MSPA in Harrison County); Exhibit “C” (Amended Complaint filed by SIC in Harrison County). Case 1:17-cv-00255-LG-JCG Document 302 Filed 02/14/19 Page 3 of 6 4 WHEREFORE, Plaintiff Southern Industrial Contractors, LLC respectfully prays that this Honorable Court deny the Motion to Reinstate Stay filed by Thompson Engineering, Inc. 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 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 Case 1:17-cv-00255-LG-JCG Document 302 Filed 02/14/19 Page 4 of 6 5 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. 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 Case 1:17-cv-00255-LG-JCG Document 302 Filed 02/14/19 Page 5 of 6 6 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 302 Filed 02/14/19 Page 6 of 6