AutoNation Holding Corporation v. DriveTime Car Sales, Inc.

Filing 40

Minute Entry for proceedings held before Judge Edward W. Nottingham : Motion Hearing held on 5/30/2007. Granting in part and denying in part 21 Motion to Dismiss, to Stay or Transfer this Action under the first to file rule. This matter will be transferred to the USDC - AZ. Denying as moot 2 Motion for Preliminary Injunction; (Court Reporter Therese Lindblom.) (pap, )

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AutoNation Holding Corporation v. DriveTime Car Sales, Inc. Doc. 40 Case 1:07-cv-01018-EWN-MEH Document 40 Filed 05/30/2007 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Edward W. Nottingham Nel Steffens, Deputy Clerk Therese Lindblom, Court Reporter Civil Action No. 07-cv-01018-EWN-MEH Parties: AUTONATION HOLDING CORPORATION, Plaintiff, v. DRIVETIME CAR SALES, INC., Defendant. Daniel Reilly, Kent Modesitt, Douglas Olson, April Wurster, and James Fazio Counsel: Michael Dommermuth, Michael McGloin, Ro bert Shaughnessy, and Kyle Davenport Date: May 30, 2007 COURTROOM MINUTES Hearing Regarding Motion for Preliminary Injunction 9:04 a.m. Co urt in session. Court' findings regarding motion to dismiss or transfer. Co urt finds that proceedings on these s matters in this court would be duplicative of ongoing proceedings in the Arizona court. ORDERED: 1. Defendant' Motion to Dismiss, Stay or Transfer This Action Under s the First-to-File Rule (#21, filed May 24, 2007) is GRANTED in part and DENIED in part. It is granted in that this matter will be transferred to the United States District Court for the District of Arizona for determination by that court as to whether the Arizona case should be consolidated with this case. Case 1:07-cv-01018-EWN-MEH Document 40 Filed 05/30/2007 Page 2 of 2 Courtroom Minutes 07-cv-01018-EWN-MEH Judge Edward W. Nottingham Page 2 of 2 ORDERED: 2. 9:19 a.m. Plaintiff' Motion for Preliminary Injunction (#2, filed May 15, 2007) s is DENIED as moot. Court in recess. Hearing concluded. Total time in court: 00:15

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