Noye v. Johnson & Johnson et al

Filing 84

ORDER (memorandum filed previously as separate docket entry)- IT IS ORDERED THAT Defendant Kelly Services Inc.s renewed motion 72 to compel arbitration and stay pending action is GRANTED, insofar as Plaintiffs claims against Defendant Kelly Service s, Inc. are stayed pending the outcome of arbitration of those claims. The parties are directed to file a joint status report informing the Court as to the result of the arbitration proceeding within thirty (30) days of its conclusion. IT IS FURTHER ORDERED THAT with regard to Defendant Johnson & Johnson Services, Inc.s renewed motion 74 to compel arbitration and dismiss or, in the alternative, stay all proceedings the parties are directed to file additional briefing, specifically addressing the issue of the applicability of the theory of equitable estoppel to the motion in light of the Third Circuits recently-issued precedential opinion in White v. Sunoco, 870 F.3d 257 (3d Cir. 2017), as follows: 1. Defendant Johnson & Johnson Services, Inc. shall file its brief by November 20, 2017; 2. Plaintiff T. Jason Noye shall file a responsive brief by December 4, 2017; and 3. Defendant Johnson & Johnson Services, Inc. may file a reply brief, if any, byDecember 11, 2017. Signed by Honorable Yvette Kane on 11/6/17. (rw)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
T JASON NOYE,
individually and on behalf
of all others similarly situated,
Plaintiffs
v.
JOHNSON & JOHNSON and
KELLY SERVICES, INC.,
Defendants

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No. 1:15-cv-2382
(Judge Kane)

ORDER
AND NOW, on this 6th day of November 2017, IT IS ORDERED THAT Defendant
Kelly Services Inc.’s renewed motion to compel arbitration and stay pending action (Doc. No.
72), is GRANTED, insofar as Plaintiff’s claims against Defendant Kelly Services, Inc. are
stayed pending the outcome of arbitration of those claims. The parties are directed to file a joint
status report informing the Court as to the result of the arbitration proceeding within thirty (30)
days of its conclusion.
IT IS FURTHER ORDERED THAT with regard to Defendant Johnson & Johnson
Services, Inc.’s renewed motion to compel arbitration and dismiss or, in the alternative, stay all
proceedings (Doc. No. 74), the parties are directed to file additional briefing, specifically
addressing the issue of the applicability of the theory of equitable estoppel to the motion in light
of the Third Circuit’s recently-issued precedential opinion in White v. Sunoco, 870 F.3d 257 (3d
Cir. 2017), as follows:
1. Defendant Johnson & Johnson Services, Inc. shall file its brief by November 20,
2017;
2. Plaintiff T. Jason Noye shall file a responsive brief by December 4, 2017; and

3. Defendant Johnson & Johnson Services, Inc. may file a reply brief, if any, by
December 11, 2017.

s/ Yvette Kane
Yvette Kane, District Judge
United States District Court
Middle District of Pennsylvania