Wisconsin Lift Truck Corp v. Mitsubishi Caterpillar Forklift America Inc
||Wisconsin Lift Truck Corp
||Mitsubishi Caterpillar Forklift America Inc
||April 24, 2020
||US District Court for the Eastern District of Wisconsin
|Nature of Suit:
|Cause of Action:
|Jury Demanded By:
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|May 21, 2020
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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