Greenline Industries Inc v. Agri Process Innovations Inc et al

Filing 47

ORDER TRANSFERRING CASE TO EASTERN DISTRICT OF ARKANSAS.. Signed by Judge CLAUDIA WILKEN on 9/16/08. (scc, COURT STAFF) (Filed on 9/16/2008) [Transferred from cand on 10/1/2008.]

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 / In the Court's July 28, 2008 Order, the Court concluded "that API/APF'S Arkansas suit has priority for purposes of the first to file rule. Therefore, the Court defers to the Eastern District of v. AGRI-PROCESS INNOVATIONS, INC.; and AP FABRICATIONS, LLC, f/k/a/ GREENLINE FABRICATIONS, LLC, Defendants. GREENLINE INDUSTRIES, INC., Plaintiff, No. C 08-2438 CW ORDER TRANSFERRING THE CASE TO THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Arkansas to decide the appropriate forum and whether an exception to the first-to file rule is applicable." The Court also noted

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

that "[i]f the Arkansas court denies GIL's motion to transfer, the parties shall notify the Court. The case will be transferred to

the Eastern District of Arkansas and API/APF may raise their standing arguments in that court." On September 4, 2008, the United States District Court for the Eastern District of Arkansas ruled and denied, in its entirety, GIL's motion to dismiss or in the alternative to transfer or stay plaintiffs' substituted complaint. Therefore, the Court orders the instant case transferred to the United States District Court for the Eastern District of Arkansas. The Court also vacates the case management conference

set for October 7, 2008.

IT IS SO ORDERED. Dated: 9/16/08

CLAUDIA WILKEN United States District Judge

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