Minute Orderdarm (06197),

United States District Court, Northern District of Illinois

Tomeafseigna ise | Milton I. Shedur Stag eds ter

CASE NUMBER 03 C 994 DATE 4/15/2003
CASE Christine Hirsch and David Hirsch vs. Diner’s club International, Ltd.
TITLE

{In the following box (a) indicate the party filing the motion, e.g., plaintiff, defendant, 3rd party plaintiff, and (b) state briefly the nature
of the motion being presented.]

MOTION:

DOCKET ENTRY:

(1) oO Filed motion of [ use listing in “Motion” box above.]

(2) oO Brief in support of motion due

@) QO Answer brief to motion due___. Reply to answer brief due

(4) Oo Ruling/Hearingon__set for__at

(5) ao Status hearing[held/continued to] [set for/re-set for]on__—setfor__——at__
(6) oO Pretrial conference[held/continued to] [set for/re-set for]on set for at
) o Trial{set for/re-set for]on_—— at.

(8) Oo [Bench/Jury trial] [Hearing] held/continued to__at

(9) a This case is dismissed [with/without] prejudice and without costs[by/agreement/pursuant to]

OOFRCP4(m) CLocal Rule 41.1 CFRCP4I(a\(1) OO FRCP41(a\(2).

cl) ee _| [Other docket entry] Enter Memorandum Order. Diners Club is ordered on or before April 28,
2003 to file in this Court’s chambers a copy of the document that reflects the asserted commitment of any
disputes to arbitration. Within the same time period, Hirsches are ordered to file in this Court’s chambers
astatement as to the reasons if any that the alleged promise to arbitrate should not be complied with. This
Court will then determine the appropriate course of action.

dl) @ [For further detail see order attached to the original minute order.]

No notices required, advised in open court. Document

Number

No notices required,

umber of notices.

o | Notices mailed by judge’s staif.

Notified counsel by telephone,

Docketing to mail notices.

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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
CHRISTINE HIRSCH and DAVID HIRSCH,

Plaintiffs,

DINER'S CLUB INTERNATIONAL, LTD.,

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)
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v. ) No. 03 C 994
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Defendant. )
MEMORAND' ORDER

At the initial status hearing in this matter this Court
heard from counsel for the litigants and then set a next status
hearing date of May 29, 2003. In the interim Diners Club
International, Ltd. (“Diners Club”) has filed its Answer and
Affirmative Defenses (“ADs”) to the Complaint brought against it
by Christine and David Hirsch (collectively “Hirsches”). This
memorandum order is issued sua sponte to address one aspect of
that responsive pleading.

Although there are several respects in which Diners Club's
counsel could have complied more precisely with federal pleading
requirements, this memorandum order will not pause to address
such technical items. Instead it is triggered by the references
in Answer §§3 and 4 and AD 3 to an asserted arbitration agreement
that is said to cover any disputes between the parties.

In that respect Hirsches' Complaint Ex. A, a photocopy of a

Cardmember Agreement, contains no reference to any such

agreement--but it is of course entirely possible that Ex. A is



not the entire agreement between Diners Club and its cardmembers
such as Hirsches. But if such an agreement does exist, this
Court sees no reason why the parties should not adhere to that
contractual remedy while this action remains stayed.

Accordingly Diners Club is ordered on or before April 28,
2003 to file in this Court's chambers (with a copy being
transmitted to Hirsches' counsel) a copy of the document that
reflects the asserted commitment of any disputes to arbitration.
Within the same time period, Hirsches are ordered to file in this
Court's chambers (with a copy being transmitted to Diners Club's
counsel) a statement as to the reasons if any that the alleged
promise to arbitrate should not be complied with. This Court

will then determine the appropriate course of action.

Milton I. Shadur
Senior United States District Judge

Date: April 15, 2003