D & B Swine Farms, Inc. v. Murphy-Brown, L.L.C. (In Re D & B Swine Farms, Inc.)

ORDER REGARDING MOTION TO DISMISS AND DENYING MOTION TO COMPEL ARBITRATION

J. RICH LEONARD, Bankruptcy Judge.

The matters before the court are the defendants’ motion to dismiss Smithfield Foods, Inc. from the complaint, and to compel arbitration and to dismiss or, alternatively, to stay the adversary proceeding during arbitration. A hearing took place in Raleigh, North Carolina on December 3, 2009.

FACTUAL BACKGROUND

Plaintiff D & B Swine Farms, Inc. (“D & B”) filed a petition under chapter 12 of the Bankruptcy Code on April 6, 2009. The case subsequently was converted to a case under chapter 11.

P…