Midwest Trading Group, Inc. v. GlobalTranz Enterprises, Inc. et al
MEMORANDUM Order Signed by the Honorable Milton I. Shadur on 12/10/2012:Mailed notice(srn, )
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
MIDWEST TRADING GROUP, INC.,
GLOBALTRANZ ENTERPRISES, INC.,
12 C 9313
On November 20, 2012 GlobalTranz Enterprises, Inc.
(“GlobalTranz”) removed this action from the Circuit Court of
Cook County, predicating federal subject matter jurisdiction on
diversity of citizenship.
Now GlobalTranz has filed its Answer
and a group of affirmative defenses (“ADs”) to the Complaint
brought against it and three codefendants by Midwest Trading
Group, Inc. (“Midwest”).
This memorandum order is issued sua
sponte to address some issues posed by Midwest’s Complaint and
GlobalTranz’ responsive pleading.
To begin with, GlobalTranz’ position as to the existence or
nonexistence of venue in this District Court is puzzling.
has just been said should more precisely have been stated as
“positions” rather than “position,” because GlobalTranz’ Notice
of Removal ¶15 asserts that “venue is proper in this Court” but
both Answer ¶8 and AD 3 expressly deny that venue is proper here.
Hence GlobalTranz owes Midwest and this Court a clarifying
explanation in that respect.
GlobalTranz’ position vis-a-vis Midwest is also confusing.
Answer ¶¶9 through 11 deny GlobalTranz’ having provided shipping
services to Midwest, as the Complaint alleges that it did, but
then AD 3 refers to the “applicable contract” as “contain[ing] a
forum selection clause that mandates all legal action against
GlobalTranz be brought in Arizona.”
Again some explanation of
that seeming inconsistence is required.1
Because the matters referred to here appear to call for
early consideration, a status hearing is set for 9:15 a.m.
December 19 to discuss the subjects dealt with in this memorandum
This Court’s originally scheduled January 15, 2013 status
hearing date will remain in effect unless developments at the
December 19 status hearing call for modification.
Milton I. Shadur
Senior United States District Judge
December 10, 2012
AD 4 quotes three lengthy provisions of GlobalTranz’
standard Terms and Conditions and refers to “the parties’ prior
course of dealings.”