Opinion
CIVIL 21-11760 21-11931
02-04-2022
CONTINENTAL CASUALTY CO., a/s/o Canadian National Railway Company, et al., Plaintiffs, v. DAVID J. JOSEPH COMPANY, Defendant. CANADIAN NATIONAL RAILWAY CO., et al., Plaintiffs, v. DAVID J. JOSEPH CO., Defendant.
ORDER
LINDA V. PARKER U.S. DISTRICT JUDGE
These cases arise out of a June 28, 2019 train derailment in St. Claire County, Michigan. In both cases, Defendant David J. Joseph Company (“DJJ”) has filed a Motion to Dismiss and/or Stay and Compel Arbitration, which has been fully briefed. The Court has reviewed the briefing and directs the parties to submit the following within three (3) days of this Order: 1
• In a supplemental brief not exceeding one (1) page, DJJ shall clearly articulate the contract(s) containing the arbitration provision(s) on which it relies for the relief sought in its motions.
• If either party possesses the Confidential Transportation Agreement (“CTA”), identified as CN 518160-AJ-0001 with effective dates of March 1, 2019, to February 29, 2020, that party shall submit a copy for in camera review via email to the Court's case manager.
IT IS SO ORDERED. 2