CDK Construction Co., Inc. v. Parkway C&A, LP
CDK Construction Co., Inc. v. Parkway C&A, LP
Trial Court Opinion
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION
CDK CONSTRUCTION CO., INC.,
Plaintiff,
v. Case No: 6:25-cv-738-JSS-RMN
PARKWAY C&A, LP, and THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS,
Defendants. ___________________________________/ ORDER Plaintiff, CDK Construction Co., Inc., and Defendant Parkway C&A, LP, move to stay and abate these proceedings pending alternative dispute resolution. (Dkt. 9.) Defendant The Church of Jesus Christ of Latter-Day Saints has not yet appeared in this action. “[D]istrict courts enjoy broad discretion in deciding how best to manage the cases before them.” Chudasama v. Mazda Motor Corp.,
123 F.3d 1353, 1366(11th Cir. 1997). A stay pending alternative dispute resolution may be warranted because “participation in litigation, including discovery, can militate in favor of a finding that a party has waived” the right to alternative dispute resolution. Harrell’s LLC v. Agrium Advanced (U.S.) Techs., Inc., No. 8:10-cv-1499-T-33AEP,
2011 WL 1596007, at *2,
2011 U.S. Dist. LEXIS 48075, at *4–5 (M.D. Fla. Apr. 27, 2011). Additionally, permitting proceedings to go forward in a case that may be subject to alternative dispute resolution could thwart primary purposes of alternative dispute resolution: “namely, the inexpensive and expedient resolution of disputes and the easing of court congestion.” Niven v. Dean Witter Reynolds, Inc., No. 84-1594,
1985 WL 5802, at *1,
1985 U.S. Dist. LEXIS 18425, at *3 (M.D. Fla. June 27, 1985). Upon consideration, the court finds good cause to stay and abate these proceedings pending alternative dispute resolution. Accordingly, the motion (Dkt. 9) is GRANTED, and this case is STAYED and ADMINISTRATIVELY CLOSED pending further order of the court. CDK and Parkway shall file a status report in this case either within one week of the conclusion of their alternative dispute resolution process or by November 7, 2025, whichever is earlier. ORDERED in Orlando, Florida, on May 8, 2025.
( fa _ a JUVIE S. SNEED UNITED STATES DISTRICT JUDGE
Copies furnished to: Counsel of Record Unrepresented Parties
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Reference
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