Simpkins v. Southern Wine & Spirits of America, Inc. et al

Filing 40

ORDER CONTINUING HEARING ON DEFENDANTS' MOTIONS TO DISMISS. Signed by Judge Laporte on 7/7/10. (edllc1, COURT STAFF) (Filed on 7/7/2010)

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Simpkins v. Southern Wine & Spirits of America, Inc. et al Doc. 40 1 2 3 4 5 6 7 8 9 10 THEODORE SIMPKINS Plaintiff, v. SOUTHERN WINE AND SPIRITS OF AMERICA, INC., et al., Defendants. ___________________________________/ This is a complaint for declaratory relief and damages that was removed to this Court on May 28, 2010 on the basis of fraudulent joinder. On June 1, 2010, Defendants filed a Motion to Dismiss Pursuant to the First-to-File Rule, and on June 7, 2010 also filed a Motion to Dismiss Pursuant to Rule 12. On June 10, 2010, Plaintiff filed a Motion to Remand on the basis that the nondiverse defendant was properly named and therefore this Court lacks diversity jurisdiction over this matter. The three motions are set for hearing on July 20, 2010. Because the Court's resolution of Plaintiff's Motion to Remand could obviate the need for it to consider Defendants' Motions to Dismiss, the Court finds it appropriate to continue the hearing on Defendants' motions until after its resolution of the remand motion. While there is some overlap between the issues raised in the Motion to Remand and the Motion to Dismiss Pursuant to Rule 12, the Court finds that judicial efficiency will be served by hearing the remand motion first. In making this determination, the Court expresses no view whatsoever on the merits of any of the three motions pending before it. If Plaintiff's Motion to Remand is denied, Defendants' Motions to Dismiss will be promptly re-set on the Court's calendar. No. C-10-02353-EDL ORDER CONTUINING HEARING ON DEFENDANTS' MOTIONS TO DISMISS UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: July 7, 2009 _______________________________________ ELIZABETH D. LAPORTE United States Magistrate Judge

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