Horizon Navigation Ltd. v. Progressive Barge Line, Inc.
Horizon Navigation Ltd. v. Progressive Barge Line, Inc.
Opinion of the Court
Although such a holding will potentially result in piecemeal litigation, the FAA's purpose is to enforce private arbitration agreements "even if the result is 'piecemeal litigation,' at least absent a countervailing policy manifested in another federal statute." Dean Witter Reynolds Inc. v. Byrd ,
IV. CONCLUSION
Accordingly;
IT IS ORDERED that Third-Party Defendant Ausca Shipping Limited's motion to dismiss Progressive Barge Line Inc.'s Complaint against it is GRANTED IN PART AND DENIED IN PART . R. Doc. 34. To the extent Ausca seeks dismissal of Progressive's direct claims against it, the motion is DENIED . To the extent Ausca seeks to dismiss the complaint tendered by Progressive pursuant to Rule 14(c), the motion is DENIED ; however, the claims against Ausca brought against it by Horizon via Progressive's Rule 14(c) tender are hereby STAYED pending the outcome of contractually mandated arbitration. In other words, Horizon's claims against Progressive and Progressive's claims against Ausca and Horizon remain, while Horizon's claims against Ausca pursuant to Progressive's Rule 14(c) tender are stayed pending the outcome of arbitration, if any.
In the alternative, Progressive requests that, should the Court grant Ausca's motion to stay, the Court also enter an order compelling arbitration between Horizon and Ausca. R. Doc. 43 at 3. The Court finds it has no authority to do so. Progressive further suggests the Court "enter an order declaring that the arbitration proceeding between Horizon and Ausca will have no bearing on this Court's determination of Progressive's liability" in the event the Court orders Horizon and Ausca to arbitrate.
Reference
- Full Case Name
- HORIZON NAVIGATION LTD. v. PROGRESSIVE BARGE LINE, INC.
- Status
- and delivery to
- Syllabus
- response costs and/or damages exceeding $ 1.1 million\" from Defendant Progressive. R. Doc. 1 at ¶ 14. According to Horizon's complaint