Opinion
Case No. 02-2348-JWL
October 22, 2002
MEMORANDUM ORDER
On October 22, 2002, the court conducted a telephone conference regarding defendant P.S. Cook's motion to dismiss or in the alternative transfer to Laramie County, Wyoming (Doc. 12). In preparation for the conference, the court asked the parties to consider the applicability of the Tenth Circuit's decision in United States for the Use of BD Mechanical Contractors, Inc. v. St. Paul Mercury Ins. Co., 70 F.3d 1115 (10th Cir. 1995). Upon consideration of that opinion, defendant P.S. Cook agreed that the case should not be dismissed or transferred and, instead, consistent with Section 3 of the Federal Arbitration Act, 9 U.S.C. § 3 ), should be stayed and referred to arbitration in accordance with the terms of the parties' arbitration agreement. Accordingly, defendant P.S. Cook's motion to dismiss or in the alternative to transfer is denied, and upon the parties' motion, the case is stayed and referred to mandatory arbitration.
Section 3 of the Federal Arbitration Act provides:
If any suit or proceeding be brought in any of the courts of the United States upon any issue referable to arbitration under an agreement in writing for such arbitration, the court in which such suit is pending, upon being satisfied that the issue involved in such suit or proceeding is referable to arbitration under such an agreement, shall on application of one of the parties stay the trial of the action until such arbitration has been had in accordance with the terms of the agreement, providing [sic] the applicant for the stay is not in default in proceeding with such arbitration.9 U.S.C. § 3.
IT IS THEREFORE ORDERED BY THE COURT THAT defendant P.S. Cook's motion to dismiss or in the alternative transfer is denied. Upon the parties' motion, the case is stayed and the parties are required to submit the case to mandatory arbitration in accordance with the terms of the parties' arbitration agreement.