SALAMAN v. UNITED CAPITAL FUNDING CORP.
ORDER THAT THE FIRST-FILED RULE IS INAPPLICABLE IN IN THIS CASE BECAUSE OF THE ANTICIPATORY FILING EXCEPTION TO THE RULE. A DECISION ON THE PENDING MOTIONS IS DEFERRED AND THIS CASE IS STAYED UNTIL THE DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORID A DETERMINES THE EFFECT OF THE FLORIDA FORUM SELECTION CLAUSE AND THE RELATED QUESTION OF PERSONAL JURISDICTION OVER MICHAEL SALAMAN IN THE CASE UNITED CAPITAL V. MICHAEL SALAMAN, NO. 8:16-CV-1160-T-27TBM. SIGNED BY HONORABLE JAN E. DUBOIS ON 2/14/17. 2/15/17 ENTERED AND COPIES E-MAILED.(mbh, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
UNITED CAPITAL FUNDING CORP.,
AND NOW, this 14th day of February, 2017, upon consideration of defendant United
Capital Funding Corp.’s Motion to Transfer Pursuant to 28 U.S.C. § 1404(a) [to the District
Court for the Middle District of Florida], or in the Alternative, to Dismiss Under the Declaratory
Judgment Act and/or Federal Rule 12(b)(6) (Document No. 7, filed July 6, 2016), and Plaintiff’s
Motion for Leave to File an Amended Complaint Pursuant to Fed. R. Civ. P. 15(a) (Document
No. 8, filed July 20, 2016), for the reasons set forth in the accompanying Memorandum dated
February 14, 2017, IT IS ORDERED that the first-filed rule is inapplicable in this case because
of the anticipatory filing exception to the rule. A decision on the pending Motions is
DEFERRED, and this case is STAYED, until the District Court for the Middle District of
Florida determines the effect of the Florida forum selection clause and the related question of
personal jurisdiction over Michael Salaman in the case United Capital v. Michael Salaman, No.
BY THE COURT:
/s/ Hon. Jan E. DuBois
DuBOIS, JAN E., J.
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