Struthers et al v. Beitler et al
ORDER Transferring Case. ORDERED that the Clerk of the Court is directed to lift the stay and transfer case number 15-cv-02157-MEH to the United States District Court for the District of Florida, by Magistrate Judge Michael E. Hegarty on 12/21/2015. (slibi, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-02157-MEH
TERRY STRUTHERS, and
TODD BEITLER, and
REAL ESTATE INFORMATION SERVICES, INC.,
ORDER TRANSFERRING CASE
Michael E. Hegarty, United States Magistrate Judge.
This matter comes before the Court sua sponte. On December 10, 2015, I granted a stay in
this case so that the claims could be pursued in a case involving the same parties and essentially the
same claims, which had been filed in United States District Court for the Southern District of
Florida. See docket #33. After my Order was issued, the Florida court, the Hon. Donald M.
Middlebrooks, issued an Order finding the District of Colorado should determine the effect of the
first-filed rule and, more specifically, the application of the anticipatory judgment exception. See
generally docket #34-1. For that reason, Judge Middlebrooks transferred his case to Colorado, and
it was assigned to the Hon. Raymond P. Moore [see 15-cv-02685-RM-MJW].
Having now reviewed the Florida Order and Judge Moore’s Order transferring that case back
to Florida, and having again considered the interests of justice, I continue to find the anticipatory
judgment exception to the first-filed rule applies for the same reasons explained in my December
10, 2015 Order [see docket #33]. I further find that in light of the opinions of my two judicial
colleagues, both cases should be in the same District.
Thus, the Clerk of Court is directed to lift the stay and transfer case number 15-cv-02157MEH to the United States District Court for the District of Florida.
Entered and dated at Denver, Colorado, this 21st day of December, 2015.
BY THE COURT:
Michael E. Hegarty
United States Magistrate Judge
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