GLF Construction Corporation v. FEDCON Joint Venture et al, No. 2:2016cv13022 - Document 36 (E.D. La. 2017)

Court Description: ORDER AND REASONS denying 35 Motion to lift the stay in part and transfer. This matter remains administratively closed pending the stay. Signed by Judge Sarah S. Vance on 9/8/2017. (cg)

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GLF Construction Corporation v. FEDCON Joint Venture et al Doc. 36 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA UNITED STATES OF AMERICA for the use and benefit of GLF CONSTRUCTION CORPORATION VERSUS CIVIL ACTION NO. 16-130 22 FEDCON J OINT VENTURE, ET AL. SECTION “R” (4) ORD ER AN D REASON S Before the Court is the parties’ joint motion to lift the stay in part and transfer. 1 The Court granted defendants’ motion to stay pending the com pletion of contractual dispute resolution procedures. 2 The stay applies to all claim s in this action. 3 The parties now propose to lift the stay as to certain claim s and transfer those claim s to the Middle District of Florida. The parties cite no authority perm itting the Court to slice up a case in this fashion. To the contrary, the venue statute perm its transfer of a “civil action to any district . . . to which all parties have consented.”4 28 U.S.C. § 140 4(a) 1 R. Doc. 35. R. Doc. 25. 3 See R. Doc. 34 at 5-9 (rejecting plaintiff’s argument that the stay should not apply to the entire action). 4 The Court does not decide the propriety of transferring this entire action “[f]or the convenience of parties and witnesses [and] in the interest of justice.” 28 U.S.C. § 140 4(a). 2 Dockets.Justia.com (em phasis added); see also Chry sler Credit Corp. v. Country Chry sler, Inc., 928 F.2d 150 9, 1518 (10 th Cir. 1991) (“Section 140 4(a) only authorizes the transfer of an entire action, not individual claim s.”). The Court DENIES the parties’ m otion. This m atter rem ains adm inistratively closed pending the stay. 8th New Orleans, Louisiana, this _ _ _ _ _ day of Septem ber, 20 17. _____________________ SARAH S. VANCE UNITED STATES DISTRICT J UDGE 2

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