NTCH-West Tenn, Inc. v. ZTE USA, Inc.

Filing 138

ORDER DENYING MOTIONS WITHOUT PREJUDICE 112 123 . Signed by Chief Judge J. Daniel Breen on 3/13/15. (Breen, J.)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
EASTERN DIVISION
NTCH-WEST TENN, INC.,
Plaintiff,
v.

No. 1:11-cv-01169-JDB-egb

ZTE USA, INC.,
Defendant.
______________________________________________________________________________
ORDER DENYING MOTIONS WITHOUT PREJUDICE
______________________________________________________________________________
Introduction
Before the Court is Plaintiff, NTCH-West Tenn, Inc.’s (“NTCH”), motion to vacate the
arbitrator’s award and Defendant, ZTE USA, Inc.’s (“ZTE”), cross-motion to confirm the
arbitrator’s award. (Docket Entries (“D.E.”) 112, 123.) For the reasons discussed below, both
motions are DENIED WITHOUT PREJUDICE.
Background & Analysis
This matter, originally brought on April 25, 2011 in the Chancery Court of Madison
County, Tennessee, was removed to this Court on June 13, 2011 based on diversity of
citizenship. (D.E. 1.) The parties engaged in substantial pre-trial motion practice, including two
motions by ZTE to compel arbitration pursuant to the Federal Arbitration Act (“FAA”), 9 U.S.C.
§ 4. (D.E. 8, 47.) On December 9, 2011, the parties agreed to consolidate and arbitrate their
outstanding claims with the American Arbitration Association in Jacksonville, Florida. (D.E. 4710.)

Based on that agreement, the Court accepted the Magistrate Judge’s report and

recommendation granting Defendant’s second motion to compel arbitration. (D.E. 100.)

On February 11, 2014, the arbitrator issued a final award dismissing all claims against
ZTE. (D.E. 113 at 16–17.) On the same date, ZTE moved to confirm the award and join all the
outstanding parties in a pending matter between it and PTA-FLA, Inc. (“PTA”), an affiliate of
NTCH, in the United States District Court for the Middle District of Florida. (D.E. 116-1.) On
April 1, 2014, PTA filed a notice voluntarily dismissing its claims against ZTE. (D.E. 117-1.)
On December 16, 2014, Judge Timothy J. Corrigan issued an order dismissing PTA’s claims,
joining the parties, and directing them to brief the issues of personal jurisdiction and service of
process before he ruled on ZTE’s motion to confirm the award. (D.E. 135-1 at 12–14.)
On March 13, 2014, NTCH filed a motion to vacate the arbitration award in this Court.
(D.E. 112.) In its March 31, 2014 response, ZTE requested a temporary stay until the Florida
district court ruled on its motion. (D.E. 116.) The Court granted that request and entered a stay
on September 9, 2014. (D.E. 134.) The Court now finds it necessary to deny both parties’
motions, without prejudice, pending a final ruling on ZTE’s motion currently before Judge
Corrigan. See Graham v. Fin. Educ. Servs., Inc., No. 10-12227, 2011 WL 4505942, at *2–3
(E.D. Mich. Sept. 29, 2011) (denying a defendant’s motion to dismiss without prejudice, but with
permission to renew, pending a ruling from the United States Supreme Court that would
“provide a definitive decision” in deciding the defendant’s motion).
Conclusion
The parties’ motions are denied without prejudice. Either party may file a motion to
renew their respective motion following a decision from the United States District Court for the
Middle District of Florida on ZTE’s motion to confirm the arbitration award.
IT IS SO ORDERED this 13th day of March, 2015.
s/ J. DANIEL BREEN
CHIEF UNITED STATES DISTRICT JUDGE
2