CDK CONSTRUCTION CO., INC.
v.
PARKWAY C&A, LP

M.D. Fla. | 2025-05-08
No. 8:10-cv-1499
2025 FFL 12182 District Court, M.D. Florida (2025) Positive Treatment
Cited by 3 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

CDK Construction Co., Inc. and Defendant Parkway C&A, LP jointly moved to stay and abate proceedings pending alternative dispute resolution. The District Court granted the motion, staying the case and administratively closing it pending the parties' completion of ADR or November 7, 2025, whichever is earlier.

Holding

The court granted the motion to stay and abate proceedings. The court found good cause to stay the case pending alternative dispute resolution, ordering that CDK and Parkway file a status report either within one week of concluding their ADR process or by November 7, 2025, whichever is earlier.

Headnotes

[1] District courts possess broad discretion in managing cases before them.

[2] A stay pending alternative dispute resolution may be warranted to prevent waiver of ADR rights through litigation participation.

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Key Quotes

“[D]istrict courts enjoy broad discretion in deciding how best to manage the cases before them.”

Establishes the legal standard allowing courts to grant stays and manage case progression

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Facts & Procedural History

CDK Construction Co., Inc. filed suit against Parkway C&A, LP and The Church of Jesus Christ of Latter-Day Saints. CDK and Parkway jointly moved to st…

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Topics
Court Congestion Alternative Dispute Resolution

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Opinion of the Court

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-33AЕР, 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.

JULIE S. SNEED

UNITED STATES DISTRICT JUDGE

Copies furnished to: Counsel of Record Unrepresented Parties

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Citator

Cited By

  • Falcon v. TelevisaUnivision Digit., Inc., 2008 WL 11336388 (M.D. Fla. 2024)
    …e and reasonableness. McCabe v. Foley, 233 F.R.D. 683, 685 (M.D. Fla. 2006). A court may stay discovery pending resolution of a motion to compel arbitration. See, e.g., Harrell's LLC v. Agrium Advanced (U.S.) Techs., Inc., No. 8:10-cv- 1499-T-33AEP, 2011 WL 1596007, at *2 (M.D. Fla. Apr. 27, 2011); Morat v. Cingular Wireless LLC, No. 3:07-cv-1057-J-20JRK, 2008 WL 11336388, at *2 (M.D. Fla. Feb. 14, 2008) ("[C]ourts have routinely stayed discovery into the underlying merits of the case when a motion to compel a…
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  • CDK Constr. Co., Inc. v. Parkway C&A, LP (M.D. Fla. 2025)
    …anted 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-33AЕР, 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 ---PAGE 2--- resolution could thwart primary purposes of alternative dis…
    1 / 2
  • McIntosh v. Hilton Grand Vacations, Inc. (M.D. Fla. 2025)
    …-37-TBS, 2019 WL 13082690, at *2 (M.D. Fla. Feb. 25, 2019); Shireman v. Tracker Marine, LLC, No. 3:18-cv-740- J-34MCR, 2018 WL 11482799, at *2 (M.D. Fla. Nov. 30, 2018); Harrell's LLC v. Agrium Advanced (U.S.) Techs., Inc., No. 8:10-cv-1499-T-33AEP, 2011 WL 1596007, at *2-3 (M.D. Fla. Apr. 27, 2011); Morat v. Cingular Wireless LLC, No. 3:07-cv-1057-J-20JRK, 2008 WL 11336388, at *2 (M.D. Fla. Feb. 14, 2008) (“[C]ourts have routinely stayed discovery into the underlying merits of the case when a motion to compel…
    1 / 2

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