Companion Property & Casualty Insurance Co. v. Apex Service, Inc.
Companion Property & Casualty Insurance Co. v. Apex Service, Inc.
Opinion of the Court
REPORT AND RECOMMENDATION
Plaintiff Companion Property Casualty Insurance Company (“Companion Property”) filed a Motion for a Preliminary Injunction [38] (“Pl.’s Mot.”) against Defendant Graybar Electric' Company 'Incorporated (“Graybar”). The parties filed a Joint Stipulation Regarding Plaintiffs Motion for Preliminary Injunction [40] on June 14, 2013. Based on the authority established by 28 U.S.C. 2361, the undersigned recommends the Court grant Plaintiffs Motion for a Preliminary Injunction, The undersigned includes - a proposed order.
On April 4, 2013,
On April 2, 2013, prior to the action filed in this Court, Graybar filed an action in the District of Columbia Superior Court, styled as styled District of Columbia for the use and benefit of Graybar Electric Company, Inc. v. Niyyah Electrical Contractors, LLC, et al., Case No. 13-0002380. Pl.’s Mot. [38] at ¶ 4; Pl.’s Mem. [38-1] at 3. On June 14, 2013, Companion Property find Graybar filed a Joint. Stipulation Regarding Plaintiffs Motion for Preliminary Injunction [40], The parties stipulated and agreed that Graybar’s pending matter in Superior Court be enjoined and stayed with respect to Companion Property and Payment Bond No.; 00010501 and that
Under 28 U.S.C. § 2361, in an impleader action the district court has the authority to “enter its order restraining [all claimants] from instituting or prosecuting any proceeding in any State or United States court affecting the property.. .involved in the impleader action.” Under this statute, “[f]ederal courts have the power to enjoin state court proceedings affecting the subject matter involved in an action under the Federal Interpleader Act.” O’Daniel v. Porter, 240 F.2d 636, 637 (D.C.Cir. 1957). The Supreme Court reaffirmed the ability of federal courts to enjoin state courts in 1972. Mitchum v. Foster, 407 U.S. 225, 234, 92 S.Ct. 2151, 32 L.Ed.2d 705 (1972) (“[T]he Court through the years found that federal courts were empowered to enjoin state court proceedings, despite the anti-injunction statute, in carrying out the will of Congress under at least six other federal laws. These covered a broad spectrum of congressional action:... (3) legislation providing for federal interpleader actions.”) (citing Treinies v. Sunshine Mining Co., 308 U.S. 66, 60 S.Ct. 44, 84 L.Ed. 85 (1939)).
In the exercise of the Court’s authority and discretion under 28 U.S.C. § 2361, the undersigned recommends that the Court enjoin Graybar from seeking recovery against Companion Property in any action except this interpleader action and enjoining and staying the proceedings in the District of Columbia Superior Court as to Companion Property and the aforementioned Payment Bond. As the parties have stipulated, this does not preclude Graybar from pursuing other sources of monetary recovery in the District of Columbia Superior Court litigation against alternate parties.
A proposed order is attached.
. Plaintiff's Motion stated the action was filed on April 5, 2013, but according to the Complaint [1] and the Docket it was filed April 4, 2013.
Reference
- Full Case Name
- COMPANION PROPERTY & CASUALTY INSURANCE CO. v. APEX SERVICE, INC.
- Status
- Published