Marks et al v. Mackey et al
| Mustang Helicopters L L C and Lloyd Marks |
| Terry Mackey and Mustang Helicopters L L C |
| 6:2014cv00441 |
| February 24, 2014 |
| US District Court for the Western District of Louisiana |
| Lafayette Office |
| Lafayette |
| Rebecca F Doherty |
| Patrick J Hanna |
| Recovery of Overpayment and Enforcement of Judgment |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
16
MEMORANDUM RULING re 7 MOTION to Dismiss for Lack of Jurisdiction MOTION to Stay MOTION to Transfer Case filed by Mustang Helicopters L L C, Terry Mackey. Having found substantial overlap between the instant case and the case pending in Utah and for reasons of comity and sound judicial administration, the defendants' motion is GRANTED and the Clerk of Court is instructed to transfer this case to the USDC for the District of Utah, Central Division. This Order shall be STAYED for fou rteen days from the date of issuance. Any appeal to the District Judge must be filed within 14 days from the date of this Order. Signed by Magistrate Judge Patrick J Hanna on 7/15/2014. (crt,Alexander, E) Modified to correct file date on 7/16/2014. (Alexander, E)
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Filing
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ORDER: IT IS ORDERED that, not less than 10 days after the date of this order, the parties shall file briefs addressing the following issues: (a) whether the two pending lawsuits "substantially overlap;" (b) whether the first-to-file rule a pplies; and (c) whether the first-to-file rule mandates transfer of this action to the United States District Court for the District of Utah. IT IS FURTHER ORDERED that no reply briefs will be permitted and no oral argument will be held. A ruling on the pending 7 MOTION to Dismiss for Lack of Jurisdiction MOTION to Stay MOTION to Transfer Case will be renderedin due course following receipt of the ordered briefs. Signed by Magistrate Judge Patrick J Hanna on 7/1/2014. (crt,Alexander, E)
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