Griggs v. Kenworth of Montgomery, Inc. et al

Filing 97

ORDER DENYING 12 AND 22 MOTIONS to Change Venue and the 26 and 52 MOTIONS to Compel Arbitration without prejudice and with leave to reinstate, following resolution of def Arrow Truck Sales, Inc.'s pending motion to dismiss, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 9/22/17. (Attachments: # 1 civil appeals checklist)(djy, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
ALTON R. GRIGGS, JR.,

)
)
Plaintiff,
)
)
YUSEF BRINSON,
)
)
Plaintiff-Intervenor,
)
)
v.
)
)
KENWORTH OF MONTGOMERY,
)
INC., and ARROW TRUCK
)
SALES, INC., a corporation, )
)
Defendants.
)

CIVIL ACTION NO.
2:16cv406-MHT
(WO)

ORDER
Now
motions:

pending

before

defendant

the

Kenworth

court
of

are

the

following

Montgomery,

Inc.’s

motion to change venue (doc. no. 12) filed on June 27,
2016;

defendant

Arrow

Truck

Sales,

Inc.’s

motion

to

change venue (doc. no. 22) filed on July 11, 2016;
defendant

Kenworth

of

Montgomery’s

motion

to

compel

arbitration (doc. no. 26) filed on July 18, 2016; and
defendant

Kenworth

of

Montgomery’s

motion

to

compel

intervenor Yusef Brinson’s claims to arbitration (doc.

no.

52)

filed

on

November

29,

2016.

Also

pending

before the United States Magistrate Judge is Arrow’s
motion to dismiss for lack of jurisdiction (doc. no.
58)

filed

on

December

8,

2016.

Arrow’s

motion

to

dismiss came under submission on September 5, 2017, and
resolution of that motion will affect the course of
this litigation.
Accordingly, upon consideration of the motions, and
for

good

cause,

it

is

ORDERED

that

the

motions

to

change venue (doc. nos. 12 & 22) and the motions to
compel
without

arbitration
prejudice

(doc.
and

nos.
with

26

&

52)

leave

to

are

denied

reinstate,

following resolution of defendant Arrow Truck Sales,
Inc.’s pending motion to dismiss.
DONE, this the 22nd day of September, 2017.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE