Minute Order Form (06/97)

__ 55, United States District Court, Northern District of Illinois

Name of Assigned Judge enne! Sitting Judge if Other
aor Magistrate dadge Matthew F. Kennelly than Assigned Judge
CASE NUMBER 02 C 4733 DATE 8/22/2002
CASE Allied Van Lines vs. Suddath Moving Center, Inc.
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
MOTION: of the motion being, presented.)

DOCKET ENTRY:

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

(2) a] Bricf in support of motion due

(3) Oo Answer brief to motiondue___—- Reply to answer briefdue_

(4) a Ruling/Hearing on _——__ssetfor sat .

(5) a Status hearing(held/continued to] [set for/re-set for}on__—— set for at

(6) ia Pretrial conference[held/continued to) (set for/re-set for]on| ss setfor_—— at.
(7) i] Trial(set for/re-set forlon_— ss aat_—

(8) 1) [Bench/Jury trial] [Hearing) held/continued to at_

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

COFRCP4(m) ClLocal Rule 41.1 C)FRCP41(a)(1) C3 FRCP41(a)(2).

qo {Other docket entry] For the reasons set forth on the attached Memorandum Opinion and Order,
the Court grants Allied’s petition to compel arbitration and to stay court proceedings. Judgment is entered
in favor of the plaintiff Allicd Van Lines, Inc. Defendant Suddath Moving Center, Inc. is hereby ordered
to cease immediately from further prosecution of its state court action against plaintiff Allied Van Lines,
Inc. and is ordered to submit the disputes raised in the pending state court case to arbitration pursuant to
the terms of Section 3.13 of the Agency Contract between the parties.

(1) ff [For further detail see order attached to the original minute order. ]

No notices required, advised in open cour.

No notices required
umber of notices

AUG 2 6 2002

date dacksted

Notices mailed by judge’s staff.

Notified counsel by telephone.

vo | Docketing to mail notices.

a | Mail AO 450 form.

Copy lo judge/magistrate judge.

ate mailed notice
courtroom

oR deputy’s
initials

Date/time received in
central Clerk’s Office . mailing deputy initials



IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION
ALLIED VAN LINES, INC,, )
Plaintiff, }
vs. } Case No. 02 C 4733
SUDDATH MOVING CENTER, INC., }
Defendant. } DOCKETED

AUG 2 6 2002
MEMORANDUM OPINION AND ORDER

MATTHEW F. KENNELLY, District Judge:

Defendant Suddath Moving Center, Inc. had an Agency Contract with plaintiff Allied
Van Lines, Inc. that the parties executed in 1997 and that was supplemented by later agreements.
In February 2002, Suddath sued Allied in a Florida state court, alleging various breaches of the
Agency Contract. Allied moved to dismiss and compel arbitration, arguing that the agreement
provided for arbitration of disputes and stating that it had filed a demand for arbitration on
February 25, 2002. Suddath replied that the demand for arbitration was untimely. In late April
2002, the Florida court determined that Allied’s motion presented issues that it could determine
on a motion to dismiss, so it denied the motion, directed Allied to answer the complaint and raise
its affirmative defenses, and directed the parties to conduct focused discovery aimed at the issue
of timeliness, anticipating a later motion for summary judgment on the point. Allied answered
the complaint, including a number of affirmative defenses beyond the issue of arbitrability. It
also initiated discovery.

Allied then filed in this Court, on July 2, 2002, a pelition to compel arbitration and to

—_—

‘5



We Care Hair, 180 F.3d at 844; 28 U.S.C. §2283.
Conclusion
For the foregoing reasons, the Court grants Allied’s petition to compel arbitration and to
stay state court proceedings. The Clerk is directed to enter judgment as follows:
Judgment is entered in favor of the plaintiff Allied Van Lines, Inc. Defendant Suddath
Moving Center, Inc. is hereby ordered to cease immediately from further prosecution of
its state court action against plaintiff Allied Van Lines, Inc. and is ordered to submit the

disputes raised in the pending state court case to arbitration pursuant to the terms of
Section 3.13 of the Agency Contract between the parties.

UMM gy 2

MATTHEW F. KE! LLY

United States District Judge
Date: August 22, 2002