Stewart Organization v. Ricoh Corp., Civ. A. No. CV84-AR-2460-S.
| Decision Date | 16 June 1989 |
| Docket Number | Civ. A. No. CV84-AR-2460-S. |
| Citation | 713 F. Supp. 1419 |
| Parties | The STEWART ORGANIZATION, et al., Plaintiffs, v. The RICOH CORPORATION, et al., Defendants. |
| Court | U.S. District Court — Northern District of Alabama |
Janet L. Humphreys, F.A. Flowers, III and Joseph W. Letzer, Burr & Forman, Birmingham, Ala., for plaintiffs.
Ralph H. Yeilding, John E. Goodman, Mac M. Moorer and Scott M. Phelps, Bradley, Arant, Rose & White, Birmingham, Ala., for defendants.
On June 14, 1989, the Court of Appeals for the Eleventh Circuit denied the motion of The Stewart Organization, et al., plaintiffs in the above entitled cause, for a stay of the writ of mandamus directed by the Eleventh Circuit to this Court and ordered the transfer of the cause to a federal district court in the Borough of Manhattan. The announced purpose of plaintiffs' requested stay had been to afford plaintiffs the opportunity to file a petition to the Supreme Court of the United States for a writ of certiorari to review the decision of the Eleventh Circuit of April 3, 1989. Upon the denial of the stay, plaintiffs promptly informed this court by telephone that for economic reasons they will litigate with defendants next in the United States District Court for the Southern District of New York and not in the Supreme Court of the United States.
Federal district courts within the three states comprising the Eleventh Circuit will, no doubt, be pleased by the ruling of the Eleventh Circuit in this case, inasmuch as Alabama, Georgia and Florida are rarely the subjects of forum selection clauses, and the civil caseloads in these three states will surely fall as a direct consequence of the considerable number of transfers of civil cases to forums, like New York, contractually selected by the parties. On the other hand, the courts in New York may have mixed emotions about obtaining a veritable flood of complex cases from Alabama, Georgia and Florida, if from nowhere else, assigned to New York by contract, although arising in other states and controlled by the laws where the disputed transactions took place. "New York, New York, it's a wonderful town!"
It is with a sigh of relief that, pursuant to the unequivocal writ received from the Eleventh Circuit, the above entitled cause is hereby TRANSFERRED to the United States District Court for the Southern District of New York for such further proceedings as that court shall deem necessary and appropriate under the...
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Triad Systems Financial v. Stewart's Auto Supply, CivA 98-AR-2015-S.
...583 (N.D.Ala.1988), mandamus granted, In re Ricoh Corp., 870 F.2d 570 (11th Cir.1989), reh'g denied, 877 F.2d 975, Stewart Org. v. Ricoh Corp., 713 F.Supp. 1419 (N.D.Ala.1989). This court will not describe the hard lesson learned from these sequential decisions, except to say that the lesso......
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Stewart v. Dean-Michaels Corp.
...v. Ricoh Corp., 696 F.Supp. 583 (N.D.Ala.1988); In re Ricoh Corporation, 870 F.2d 570 (11th Cir.1989); and Stewart Organization, Inc. v. Ricoh Corp., 713 F.Supp. 1419 (N.D.Ala. 1989). As he was in In re Ricoh Corporation, Mr. Stewart is here confronted by a forum selection clause contained ......
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Picken v. MINUTEMAN PRESS INTERN., INC.
...by the laws where the disputed transactions took place. "New York, New York, it's a wonderful town!" Stewart Organization v. Ricoh Corp., 713 F.Supp. 1419 (N.D.Ala.1989). ...