Electronic Payment Systems, LLC v. Homoki et al

Filing 24

ORDER. On or before Wednesday, September 26, 2012, the parties shall show cause why the pending motion to dismiss [Docket No. 10] should not be denied without prejudice and why this civil action should not be administratively closed pursuant to D.C.Colo.LCivR 41.2. By Judge Philip A. Brimmer on 9/21/12. Text Only Entry (pabsec)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Philip A. Brimmer
Civil Action No. 11-cv-02969-PAB-KLM
ELECTRONIC PAYMENT SYSTEMS, LLC,
Plaintiff,
v.
DAVID HOMOKI d/b/a Global Check Services, and
GLOBAL CHECK SERVICES, INC.,
Defendants.

ORDER

This matter is before the Court on the Motion to Dismiss [Docket No. 10] filed by
defendants David Homoki and Global Check Services, Inc. requesting that the Court
dismiss the case for lack of personal jurisdiction and improper venue. In the motion,
defendants claim that plaintiff Electronic Payment Systems, LLC is collaterally estopped
from litigating the terms of the settlement agreement from a previous case, David
Homoki v. Conversion Services, Inc., No. 09-cv-02644 (S.D. Tex. 2009), because this
issue was previously adjudicated and is subject to appellate review by the Fifth Circuit
Court of Appeals. See Docket No. 10 at 4-5.
On September 17, 2012, defendants submitted an order from the Fifth Circuit
enjoining the parties from litigating the present case because of the risk of inconsistent
verdicts regarding the interpretation of the parties’ settlement agreement. See Docket
No. 23 at 5. In light of the Fifth Circuit’s order, it is

ORDERED that, on or before Wednesday, September 26, 2012, the parties shall
show cause why the pending motion to dismiss [Docket No. 10] should not be denied
without prejudice and why this civil action should not be administratively closed
pursuant to D.C.Colo.LCivR 41.2.

DATED September 21, 2012.
BY THE COURT:

s/Philip A. Brimmer
PHILIP A. BRIMMER
United States District Judge

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