Kolesar et al v. Molnar et al

Filing 12

ORDER denying 11 Motion to Stay Briefing of Defendants' Motion to Dismiss for Lack of Personal Jurisdiction. Signed by Magistrate Judge Stephen L. Crocker on 6/19/2009. (eds),(ps)

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------PAT T KOLESAR and RAY KOLESAR, ORDER Plaintiffs, 0 9 - cv -3 2 6 - b b c D O U G L A S HUFFMAN, Invo lun tary Plaintiff, v. M ICH ELE MOLNAR and JAMIE DANBURG D efendan ts. --------------------------------------------T his case involves a contract dispute over a show dog. Plaintiffs filed suit in Circuit C ou rt for Wood County, Wisconsin. Defendants removed the case and have moved to dism iss the case for lack of personal jurisdiction and plaintiffs have moved to remand the action to state court. Both motions are still being briefed. Now before the court is plaintiffs' m otio n to stay briefing of defendant's motion to dismiss on the ground that plaintiff's m o tio n to remand should be decided first. Dkt. #11.

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Plaintiffs' motion to stay briefing will be denied. Both motions involve jurisdictional qu estion s and "there is no mandatory sequencing of jurisdictional issues." Sinochem In tern atio n al Co. v. Malaysia International Shipping Corp., 549 U.S. 422, 431 (2007) (i n t e r n a l quotations omitted). Because "a federal court has leeway to choose among

threshold grounds for denying audience to a case on the merits," id., it makes no sense to stay briefing on one jurisdictional question until another one is decided.

ORDER IT IS ORDERED that plaintiffs' motion to stay briefing of defendants' motion for lack of personal jurisdiction, dkt. #11, is DENIED. E n tered this 19t h day of June, 2009. B Y THE COURT: /s/ S T E P H E N L. CROCKER M agistrate Judge

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