Opinion
Civil Action No. 09-cv-01936-PAB-KLM.
July 12, 2010
ORDER GRANTING STAY
This matter is before the Court on a Stipulated Motion to Stay Pending Arbitration [Docket No. 47; Filed June 18, 2010] (the "Motion").
Stays are generally disfavored in this District. See Wason Ranch Corp. v. Hecla Mining Co., No. 07-cv-00267-EWN-MEH, 2007 WL 1655362, at *1 (D. Colo. June 6, 2007) (unpublished decision). However, a stay may be appropriate in certain circumstances. The Court weighs several factors in making a determination regarding the propriety of a stay. See String Cheese Incident, LLC v. Stylus Show, Inc., No. 02-cv-01934, 2006 WL 894955, at * 2 (D. Colo. Mar. 30, 2006) (unpublished decision) (denoting a five-part test). The Court considers (1) the interest of Plaintiff; (2) the burden on Defendants in going forward; (3) the Court's convenience; (4) the interest of nonparties, and (5) the public interest in general. Id.
There is no dispute between the parties on the need for arbitration. They assert that a Subcontract Agreement involving Gray Construction, Inc. and All-Phase Concrete Construction, Inc. contains a dispute resolution provision which requires arbitration. All parties request that the case be stayed. The Court will not be inconvenienced by the stay because it may lead to a more expeditious resolution of this case. The Court also finds that any interest of non-parties and the public interest in this case do not outweigh the factors favoring a stay. For these reasons,
IT IS HEREBY ORDERED that the Motion is GRANTED. The case is STAYED pending the completion of arbitration.
IT IS FURTHER ORDERED that upon resolution of the arbitration, the parties are directed to file a joint status report.