Great Host International, Inc. v. National Food Group, Inc

Filing 13

ORDER TRANSFERRING CASE to the Southern District of Texas. Signed by District Judge Linda V. Parker. (DPer)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
GREAT HOST INTERNATIONAL, INC.
d/b/a ANDALUCIA NUTS,
Civil Case No. 18-cv-11163
Honorable Linda V. Parker

Plaintiff,
v.
NATIONAL FOOD GROUP, INC,
Defendant.
___________________________________/

ORDER OF TRANSFER
This matter is before the Court on an Order of Transfer from the United
States District Court for the Southern District of Texas. (ECF No. 2.) For the
reasons stated below, this matter shall be transferred to the United States District
Court for the Southern District of Texas, Houston Division.
National Food Group, Inc. (“NFG”) filed a declaratory judgment action
before this Court on November 13, 2017. (Nat’l Food Group, Inc. v. Great Host
Int’l, Inc. d/b/a Andalucia Nuts, 17-cv-13686, ECF No. 1.) Subsequently, on
November 20, 2017, Great Host International, Inc. (“Andalucia”) initiated its own
lawsuit in Texas state court. (ECF No. 1-3.) On December 27, 2017, NFG
removed the Texas state case to the Southern District of Texas, based on diversity
jurisdiction. (ECF No. 1 at Pg ID 1-5.) In the Texas case, NFG filed a motion to

dismiss, or to transfer venue to the Eastern District of Michigan based on the firstto-file rule. The Texas court granted NFG’s motion and transferred the case to this
Court based on the first-to-file rule and reserved on the issue of proper venue,
stating “[w]hether the circumstances alleged by [Andalucia] should prevent
consolidation or merit a return to this Court are proper matters for the Michigan
court to decide.” (ECF No. 2 at Pg ID 52.) In an Opinion and Order dated July 16,
2018, this Court dismissed NFG’s action, finding the basis of its lawsuit improper
and declined to apply the first-to-file rule. (See Nat’l Food Group, Inc. v. Great
Host Int’l, Inc. d/b/a Andalucia Nuts, 17-cv-13686, ECF No. 21.).
Therefore,
IT IS ORDERED that this case shall be TRANSFERRED to the United
States District Court for the Southern District of Texas, Houston Division.
IT IS FURTHER ORDERED that the Clerk shall mail a copy of this Order
of Transfer to the Clerk of the United States District Court for the Southern District
of Texas, Houston Division.
IT IS SO ORDERED.
s/ Linda V. Parker
LINDA V. PARKER
U.S. DISTRICT JUDGE
Dated: July 16, 2018

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I hereby certify that a copy of the foregoing document was mailed to counsel of
record and/or pro se parties on this date, July 16, 2018, by electronic and/or U.S.
First Class mail.
s/ R. Loury
Case Manager

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