Thomas v. I.C. System, Inc.

Filing 15

MEMORANDUM Order issued sua sponte to address the question posed by the first Affirmative Defense. Signed by the Honorable Milton I. Shadur on 12/27/2016:Mailed notice(clw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
JIMMIE THOMAS,
Plaintiff,
v.
I.C. SYSTEM, INC.,
Defendant.

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Case No. 16 C 10152

MEMORANDUM ORDER
Because counsel for both litigants were not in court at the same time during the
previously scheduled December 22, 2016 status hearing in this action, this Court was unable to
discuss with both sides a question raised by the Answer and Affirmative Defenses filed a few
days earlier by defendant I.C. System, Inc. (“I.C. System”) That inability resulted in the entry of
a simple minute order setting a new status date, so that this memorandum order is issued sua
sponte to address the question posed by the first Affirmative Defense (“AD”).
That AD asserts the existence of an agreement under which plaintiff Jimmie Thomas
(“Thomas”) assertedly “agreed to resolve any and all disputes or claims related to his account,
including those claims being asserted in this case, via arbitration.” If that is indeed the case, the
parties are obligated to pursue that path in the first instance rather than following the litigation
course chosen by Thomas. This Court therefore anticipates the swift filing of a motion on that
score by IC System, failing which it will be deemed to have forfeited the contention advanced in
its AD 1.

Date: December 27, 2016

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Milton I. Shadur
Senior United States District Judge