SANDERS v. BAY STATE CABLE TIES LLC

Filing 186

ORDER granting 185 Motion to Strike to the extent the order dated April 10, 2009 183 , which was entered prematurely, is VACATED. Oestriech's and AME's revived motion to dismiss/remand 181 is DENIED. The motion initia lly appeared to the court to be well-taken in light of the seemingly parallel nature of the claims asserted in the state and federal actions. After considering Bay State's response, however, including its contention that no trial date has yet be en set in the state action while one has been set in this case, the court concludes that neither dismissal nor remand of the instant case is warranted on the grounds cited in the motion. If discovery reveals a founded basis for claiming a risk of inconsistent verdicts, and a trial in the state court action is expected to be held prior to the trial set in this forum, the motion to dismiss may be renewed. Signed by District Judge M CASEY RODGERS on 4/14/09. (lcu)

UNITED STATES DISTRICT COURT N O R T H E R N DISTRICT OF FLORIDA P E N SA CO L A DIVISION
WILLIAM J SANDERS VS BAY STATE CABLE TIES LLC, et al. REFERRAL AND ORDER Referred to Judge Rodgers on 04/13/2009 Type of Motion/Pleading MOTION TO STRIKE OR SET ASIDE ORDER OF APRIL 10, 2009 OR, IN THE ALTERNATIVE FOR RECONSIDERATION Filed by: DEFENDANT - BAY STATE on 4/10/09 Doc. No. 185 CABLE TIES LLC ( ) Stipulated/Consented/Joint Pleading RESPONSES: on Doc. No. on Doc. No. WILLIAM M. McCOOL, CLERK OF COURT /s/Donna Bajzik Deputy Clerk: Donna Bajzik CASE NO. 3:07cv402-MCR/MD

ORDER
The relief requested by Bay State is GRANTED, to the extent the order dated April 10, 2009 (doc. 183), which was entered prematurely, is VACATED. Oestriech's and AME's revived motion to dismiss/remand (doc. 181) is DENIED. The motion initially appeared to the court to be well-taken in light of the seemingly parallel nature of the claims asserted in the state and federal actions. After considering Bay State's response, however, including its contention that no trial date has yet been set in the state action while one has been set in this case, the court concludes that neither dismissal nor remand of the instant case is warranted on the grounds cited in the motion. If discovery reveals a founded basis for claiming a risk of inconsistent verdicts, and a trial in the state court action is expected to be held prior to the trial set in this forum, the motion to dismiss may be renewed.

s/

M. Casey Rodgers

M. CASEY RODGERS UNITED STATES DISTRICT JUDGE