Noye v. Johnson & Johnson et al
| T Jason Noye |
| Johnson & Johnson and Kelly Services, Inc. |
| 1:2015cv02382 |
| December 11, 2015 |
| US District Court for the Middle District of Pennsylvania |
| Harrisburg Office |
| York |
| Yvette Kane |
| Other Statutory Actions |
| 15 U.S.C. ยง 1681 |
| Plaintiff |
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Filing
112
ORDER (memorandum filed previously as separate docket entry 111 ) - AND NOW, on this 5th day of March 2020, in accordance with the Memorandum issued concurrently with this Order, wherein the Court determined that Plaintiff T Jason Noye (Plaintiff)s claim against Defendant Johnson & Johnson Services, Inc. (J&J) falls within the scope of the Arbitration Agreement at issue in this case, IT IS ORDERED THAT: 1. Plaintiff and J&J are compelled to arbitrate the remaining claim between them pursuant to the Arbitration Agreement; 2. The stay previously entered by the Court with respect to Plaintiffs claims against Defendant Kelly Services, Inc. (Doc. No. 84 at 1) is LIFTED; 3. Plaintiffs complaint (Doc. No. 1) is DISMISSED WITHOUT PREJUDICE; and 4. The Clerk of Court is directed to CLOSE the above-captioned case.Signed by Honorable Yvette Kane on 3/5/20. (dmn)
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Filing
89
ORDER (memorandum filed previously as separate docket entry)- IT IS ORDERED THAT Defendant Johnson & Johnsons renewed motion 74 to compel arbitration, or in the alternative, stay all proceedings is DENIED. IT IS FURTHER ORDERED THAT Defendant Johnson & Johnson is directed to file an answer to Plaintiffs complaint 1 , within twenty-one (21) days of the date of this Order. Signed by Honorable Yvette Kane on 5/11/18. (rw)
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Filing
84
ORDER (memorandum filed previously as separate docket entry)- IT IS ORDERED THAT Defendant Kelly Services Inc.s renewed motion 72 to compel arbitration and stay pending action is GRANTED, insofar as Plaintiffs claims against Defendant Kelly Service s, Inc. are stayed pending the outcome of arbitration of those claims. The parties are directed to file a joint status report informing the Court as to the result of the arbitration proceeding within thirty (30) days of its conclusion. IT IS FURTHER ORDERED THAT with regard to Defendant Johnson & Johnson Services, Inc.s renewed motion 74 to compel arbitration and dismiss or, in the alternative, stay all proceedings the parties are directed to file additional briefing, specifically addressing the issue of the applicability of the theory of equitable estoppel to the motion in light of the Third Circuits recently-issued precedential opinion in White v. Sunoco, 870 F.3d 257 (3d Cir. 2017), as follows: 1. Defendant Johnson & Johnson Services, Inc. shall file its brief by November 20, 2017; 2. Plaintiff T. Jason Noye shall file a responsive brief by December 4, 2017; and 3. Defendant Johnson & Johnson Services, Inc. may file a reply brief, if any, byDecember 11, 2017. Signed by Honorable Yvette Kane on 11/6/17. (rw)
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Filing
62
ORDER (memorandum filed previously as separate docket entry) - IT IS HEREBY ORDERED THAT Defendant Kelly Services Inc.s motion to compel arbitration and stay the above-captioned case pending completion of the arbitration (Doc. No. 39), is DENIED WITH OUT PREJUDICE to refiling after the parties conduct arbitration-related discovery. IT IS FURTHER ORDERED THAT a period of arbitration-related discovery shall commence on this day and extend for sixty (60) days. The parties are directed to file a statusupdates within ten (10) days after the discovery period has ended. 39 Signed by Honorable Yvette Kane on 9/7/16. (sc)
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