Wake County Board of Education v. Dow Roofing Sytems, LLC

ORDER

TERRENCE WILLIAM BOYLE, District Judge.

Before the Court is a Motion to Dismiss, or, Alternatively, a Motion to Stay Pending Arbitration [DE 5] filed by Defendant Dow Roofing Systems, LLC, f/k/a/ Stevens Roofing Systems (“Dow Roofing”), as the successor-in-interest to Co-Defendant JPS Elastomerics Corporation (“JPS”). For the following reasons, the Motion is GRANTED and the Complaint is DISMISSED WITHOUT PREJUDICE.

I. BACKGROUND

Plaintiff Wake County Board of Education (“Board”) commenced this action alleging breach of contract, breach of warranties, breach of the covenant of good faith and…