Wisconsin Lift Truck Corp v. Mitsubishi Caterpillar Forklift America Inc

Justia Dockets & Filings Seventh Circuit Wisconsin Eastern District Wisconsin Lift Truck Corp v. Mitsubishi Caterpillar Forklift America Inc

Wisconsin Lift Truck Corp v. Mitsubishi Caterpillar Forklift America Inc

Plaintiff:	Wisconsin Lift Truck Corp
Defendant:	Mitsubishi Caterpillar Forklift America Inc
Case Number:	2:2020cv00655
Filed:	April 24, 2020
Court:	US District Court for the Eastern District of Wisconsin
Nature of Suit:	Contract: Franchise
Cause of Action:	28 U.S.C. § 1332
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
May 21, 2020	Filing 17 DECISION AND ORDER signed by Magistrate Judge William E Duffin on 5/21/2020. IT IS THEREFORE ORDERED that Mitsubishi Caterpillar Forklift America, Inc.'s "Motion to Dismiss and Compel Arbitration" (ECF No. 8 ) is granted in part. Thi s action is dismissed without prejudice pursuant to Federal Rule of Civil Procedure 12(b)(3). MCFA's motion to compel arbitration, however, is denied without prejudice. Under § 4 of the FAA, a district court cannot compel arbitration out side the confines of its district, and the parties agreement states that the arbitration will occur in the Southern District of Texas. IT IS FURTHER ORDERED that Wisconsin Lift Truck's "Motion for Temporary Restraining Order and Preliminary Injunction" (ECF No. 3 ) is denied. The plaintiff has not shown that it will be irreparably harmed by the absence of such extraordinary relief. (cc: all counsel) (mlm)

Date Filed

Document Text

May 21, 2020

Filing 17 DECISION AND ORDER signed by Magistrate Judge William E Duffin on 5/21/2020. IT IS THEREFORE ORDERED that Mitsubishi Caterpillar Forklift America, Inc.'s "Motion to Dismiss and Compel Arbitration" (ECF No. 8 ) is granted in part. Thi s action is dismissed without prejudice pursuant to Federal Rule of Civil Procedure 12(b)(3). MCFA's motion to compel arbitration, however, is denied without prejudice. Under § 4 of the FAA, a district court cannot compel arbitration out side the confines of its district, and the parties agreement states that the arbitration will occur in the Southern District of Texas. IT IS FURTHER ORDERED that Wisconsin Lift Truck's "Motion for Temporary Restraining Order and Preliminary Injunction" (ECF No. 3 ) is denied. The plaintiff has not shown that it will be irreparably harmed by the absence of such extraordinary relief. (cc: all counsel) (mlm)

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Defendant: Mitsubishi Caterpillar Forklift America Inc
Represented By:	Connor A Sabatino
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Plaintiff: Wisconsin Lift Truck Corp
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