JTH Tax, Inc. v. Mahmood et al

Filing 96

ORDER denying 92 Motion to Strike. Defendants to respond to 86 MOTION to Change Venue by 3/08/2010; Plaintiff to reply by 3/12/2010. Signed by W. Allen Pepper on 3/01/2010. (pbs, USDC)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI DELTA DIVISION JTH TAX, INC. d/b/a LIBERTY TAX SERVICE, VS. NAYYER MAHMOOD, SEHR MAHMOOD, and FIRST FINANCIAL, INC., ORDER This matter comes before the court upon the defendants' October 12, 2009 Motion to Strike Plaintiff's Motion to Transfer Venue, or, Alternatively, to Stay [92]. After due consideration of the motion and the responses filed thereto, the court finds as follows, to-wit: Because the court granted the motion to remand pending in the companion case, First Financial, Inc. v. JTH Tax, Inc., et al., Civil Action No. 2:09cv21, on February 22, 2010, the instant motion is moot. Accordingly, it should be denied. IT IS THEREFORE ORDERED AND ADJUDGED that: (1) The defendants' October 12, 2009 Motion to Strike Plaintiff's Motion to Transfer Venue, or, Alternatively, to Stay [92] is DENIED; (2) The defendants are instructed to respond to the plaintiff's motion to transfer venue by Monday, March 8, 2010. The plaintiff shall file its reply by March 12, 2010; and (3) The defendants are further instructed to pay particular attention in their response to the forum selection clause in the subject contract. SO ORDERED this the 1st day of March, A.D., 2010. /s/ W. Allen Pepper, Jr. W. ALLEN PEPPER, JR. UNITED STATES DISTRICT JUDGE PLAINTIFF, CIVIL ACTION NO. 2:09CV134-P-S

DEFENDANTS.