Provow v. Nextel Retail Stores LLC et al

Filing 44

ORDER, The Court orders the parties to file supplemental briefs. Signed by Judge J. Phil Gilbert on 3/23/2015. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
KALEI PROVOW,
Plaintiff,
v.

Case No. 14-cv-1156-JPG-PMF

NEXTEL RETAIL STORES LLC, SPRINT
CORPORATION and CLIFTON HATCHER,
Defendants.
ORDER
This matter comes before the Court on the motions of defendants Nextel Retail Stores,
LLC, Sprint Corporation and Clifton Hatcher to stay this case and compel plaintiff Kalei Provow
to resolve this dispute through arbitration (Docs. 13 & 39). Provow has responded to the motions
(Docs. 29 & 42), and the defendants have replied to her responses (Docs. 30 & 43). No party,
however, has mentioned Howsam v. Dean Witter Reynolds, Inc., 537 U.S. 79 (2002), and its
progeny, which appear to the Court to be relevant to this dispute. The Court believes further
briefing is in order and ORDERS the parties to file supplemental briefs addressing the relevance
of Howsam and its progeny to the facts of this case and whether, in light of Howsam, Kemiron
Atlantic Inc. v. Aguakem International, Inc., 290 F.3d 1287 (11th Cir. 2002), remains good law.
The Court strongly suggests the parties cite relevant cases from Seventh Circuit Court of Appeals,
which have been noticeably scarce in the briefing of this issue to date. The parties’ initial briefs
shall be filed on or before April 10, 2015, as “supplements” to their existing briefing and shall not
exceed ten pages. The parties’ response briefs shall be filed on or before April 17, 2015, and shall
not exceed five pages.
IT IS SO ORDERED.
DATED: March 23, 2015
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE