Noble v. US Foods, Inc.

Noble v. US Foods, Inc.

Plaintiff:	Michael J. Noble
Defendant:	US Foods, Inc.
Case Number:	1:2014cv07743
Filed:	September 24, 2014
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	XX Out of State
Presiding Judge:	Ronnie Abrams
Nature of Suit:	Other Contract
Cause of Action:	09 U.S.C. § 0010
Jury Demanded By:	None

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Date Filed	Document Text
November 19, 2014	Filing 31 OPINION AND ORDER re: 17 MOTION to Transfer Case or In the Alternative, Dismiss Petition/Motion to Partially Vacate, Modify Or Correct Arbitration Award. filed by US Foods, Inc. Consistent with principles of judicial economy, Noble&# 039;s Motion to Vacate should, at least for purposes of this initial inquiry, be considered a "continuation of the earlier suit," Hetherington & Berner, 256 at F.2d at 107, which was first filed by US Foods on March 15, 2013 in Illinois. Th is Court therefore defers to the Illinois Court's determination of where the claims should be litigated. Accordingly, the proceedings before this Court are stayed pending the Illinois Court's decision. Within ten days of any such decision, the parties shall submit to this Court a joint letter regarding the status of the case and proposed additional briefing or proceedings, if any. SO ORDERED. (See Order.) (Signed by Judge Ronnie Abrams on 11/19/2014) (ajs)

Date Filed

Document Text

November 19, 2014

Filing 31 OPINION AND ORDER re: 17 MOTION to Transfer Case or In the Alternative, Dismiss Petition/Motion to Partially Vacate, Modify Or Correct Arbitration Award. filed by US Foods, Inc. Consistent with principles of judicial economy, Noble&# 039;s Motion to Vacate should, at least for purposes of this initial inquiry, be considered a "continuation of the earlier suit," Hetherington & Berner, 256 at F.2d at 107, which was first filed by US Foods on March 15, 2013 in Illinois. Th is Court therefore defers to the Illinois Court's determination of where the claims should be litigated. Accordingly, the proceedings before this Court are stayed pending the Illinois Court's decision. Within ten days of any such decision, the parties shall submit to this Court a joint letter regarding the status of the case and proposed additional briefing or proceedings, if any. SO ORDERED. (See Order.) (Signed by Judge Ronnie Abrams on 11/19/2014) (ajs)

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Plaintiff: Michael J. Noble
Represented By:	David Nelson Farren
Represented By:	Maria Crimi Speth
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Defendant: US Foods, Inc.
Represented By:	Joshua F Alloy
Represented By:	Connie N. Bertram
Represented By:	Daniel J Davis
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