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HIRSCH v. DINER'S CLUB INTERNATIONAL

United States District Court, Northern District of Illinois, Eastern Division


April 15, 2003

CHRISTINE HIRSCH AND DAVID HIRSCH, PLAINTIFFS,
v.
DINER'S CLUB INTERNATIONAL, LTD., DEFENDANT.

The opinion of the court was delivered by: Milton I. Shadur, Senior United States District Judge

MEMORANDUM ORDER

At the initial status hearing in this matter this Court heard from counsel for the litigants and then set a next status hearing date of May 29, 2003. In the interim Diners Club International, Ltd. ("Diners Club") has filed its Answer and Affirmative Defenses ("ADs") to the Complaint brought against it by Christine and David Hirsch (collectively "Hirsches"). This memorandum order is issued sua sponte to address one aspect of that responsive pleading.

Although there are several respects in which Diners Club's counsel could have complied more precisely with federal pleading requirements, this memorandum order will not pause to address such technical items. Instead it is triggered by the references in Answer ¶¶ 3 and 4 and A.D. 3 to an asserted arbitration agreement that is said to cover any disputes between the parties.

In that respect Hirsches' Complaint Ex. A, a photocopy of a Cardmember Agreement, contains no reference to any such agreement — but it is of course entirely possible that Ex. A is not the entire agreement between Diners Club and its cardmembers such as Hirsches. But if such an agreement does exist, this Court sees no reason why the parties should not adhere to that contractual remedy while this action remains stayed.

Accordingly Diners Club is ordered on or before April 28, 2003 to file in this Court's chambers (with a copy being transmitted to Hirsches' counsel) a copy of the document that reflects the asserted commitment of any disputes to arbitration. Within the same time period, Hirsches are ordered to file in this Court's chambers (with a copy being transmitted to Diners Club's counsel) a statement as to the reasons if any that the alleged promise to arbitrate should not be complied with. This Court will then determine the appropriate course of action.

20030415

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