Whittmanhart, Inc. v. CA, INC.

Whittmanhart, Inc. (Whittmanhart), appeals from an order of the circuit court dismissing its complaint against CA, Inc. (CA), and Niku, LLC (Niku), pursuant to section 2 — 619(a)(3) of the Code of Civil Procedure (the Code) (735 ILCS 5/2 — 619(a)(3) (West 2008)), on the basis that another action was pending between the parties in New York. For the reasons that follow, we reverse and remand the matter to the circuit court for further proceedings.

On November 12, 2008, CA and its wholly owned subsidiary, Niku, filed suit against Whittmanhart in the United States District Court for the Eastern…