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

MOTION for Leave to File Supplemental Memorandum in Opposition to Motion to Stay

S.D. Miss.March 20, 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 MOTION FOR LEAVE TO FILE SUPPLEMENTAL MEMORANDUM IN OPPOSITION TO MOTION TO STAY NOW INTO COURT, through undersigned counsel, comes Plaintiff, Southern Industrial Contractors, LLC (“SIC”), who respectfully appears herein and requests that this Honorable Court grant leave to file the attached Exhibit “1”, Supplemental Memorandum in Opposition to the Motion to Stay and Motion to Reinstate Stay, for the following reasons: 1. On February 1, 2019, Defendants, Yates Anderson, JV, Roy Anderson Corp., and W.G. Yates & Sons Construction Company (collectively referred to as “YAJV”), filed a Motion to Stay seeking to stay this litigation until the conclusion of a separate arbitration arising out of the Project between SIC and one of its subcontractors, ADS, LLC (“ADS”).1 On February 14, 2019, SIC filed its response in opposition to YAJV’s motion.2 2. Also on February 1, 2019, Defendant, Thompson Engineering, Inc. (“Thompson”), filed a Motion to Reinstate Stay which included a request to stay this litigation pending 1 R. Doc. 287. 2 R. Doc. 300. Case 1:17-cv-00255-LG-JCG Document 309 Filed 03/20/19 Page 1 of 4 2 the conclusion of the arbitration proceeding between SIC and ADS.3 On February 14, 2019, SIC filed its response in opposition to Thompson’s motion.4 3. YAJV’s Motion to Stay and Thompson’s Motion to Reinstate Stay are currently pending before this Court. 4. SIC requests leave to file the attached, succinct Supplemental Memorandum in Opposition to the Motion to Stay. The sole purpose of the Memorandum is to timely apprise the Court of the status of the arbitration between SIC and ADS, particularly that a settlement was agreed upon on March 19, 2019 resulting in the dismissal of those arbitration proceedings between SIC and ADS. WHEREFORE, Southern Industrial Contractors, LLC respectfully requests that this Honorable Court grant this Motion and issue an Order permitting Plaintiff to file the attached Supplemental Memorandum in Opposition to the Motion to Stay. THIS the 20th day of March, 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 3 R. Doc. 292. 4 R. Doc. 302. Case 1:17-cv-00255-LG-JCG Document 309 Filed 03/20/19 Page 2 of 4 3 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 309 Filed 03/20/19 Page 3 of 4 4 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 20th day of March, 2019. /s/ Christopher Solop Christopher Solop Case 1:17-cv-00255-LG-JCG Document 309 Filed 03/20/19 Page 4 of 4