GRIGGERS et al v. SHOPF
| LARRY GRIGGERS and RC MANAGEMENT HOLDINGS, LLC |
| JUDITH A. SHOPF |
| 1:2017cv03410 |
| September 22, 2017 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Debra McVicker Lynch |
| Jane Magnus-Stinson |
| Contract: Other |
| 28 U.S.C. ยง 2201 Declaratory Judgement |
| None |
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Filing
84
ORDER - This case involves the sale of Plaintiff Larry Griggers' ownership interests in several Ruth's Chris restaurants to co-Plaintiff RC Management Holdings, LLC ("RC Management"). After Mr. Griggers and RC Management provide d Defendant Judith Shopf an opportunity to exercise her rights of first refusal, they brought this suit for declaratory judgment. [Filing No. 12 .] Presently pending before the Court is Ms. Shopf's Motion to Dismiss, in which she alleges th at this Court lacks subject matter jurisdiction over this matter. [Filing No. 63 .] Ms. Shopf's Motion is fully briefed1 and is now ripe for the Court's review. For the reasons detailed herein, the Court GRANTS Plaintiffs' Motion t o Substitute Party Defendant, 83 , and GRANTS Ms. Shopf's Motion to Dismiss, 63 . Plaintiffs' request for declaratory judgment is, therefore, DISMISSED WITHOUT PREJUDICE. Final Judgment shall issue accordingly. (SEE ORDER). Signed by Judge Jane Magnus-Stinson on 11/13/2018. (APD)
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Filing
46
ORDER - Presently pending before the Court is Defendant Judith Shopf's Motion to Dismiss, in which she alleges that this Court lacks in personam jurisdiction over her, and that Plaintiffs Larry Griggers and RC Management Holdings, LLC (" RC Management") have failed to state a claim upon which relief can be granted. [Filing No. 13 .] Ms. Shopf seeks to dismiss Plaintiffs' Amended Complaint for declaratory relief related to the sale of Mr. Griggers' ownership interes ts in several Ruth's Chris restaurants to RC Management. [Filing No. 12 .] Ms. Shopf's Motion is fully briefed1 and is now ripe for the Court's review. For the reasons stated herein, the Court DENIES Ms. Shopf's Motion. For th e reasons set forth herein in finding that the Court can exercise in personam jurisdiction over Ms. Shopf, and in consideration of the fact that the Louisiana Suit has been dismissed, the Court finds that Plaintiffs' request for declaratory j udgment does not constitute procedural fencing and that there is not a better or more effective remedy. Put simply, this Court is an appropriate forum to determine the controversy at issue in this suit, and the Court will therefore exercise its di scretion to hear this action. Ms. Shopf's Motion to Dismiss is therefore DENIED. For the reasons detailed herein, the Court DENIES Ms. Shopf's Motion to Dismiss on all grounds. 13 (SEE ORDER). Signed by Judge Jane Magnus-Stinson on 3/27/2018. (APD)
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