Gentile v. Orthodontic Centers of North Dakota, Inc.

Full title: JOHN GENTILE, D.D.S., and JOHN GENTILE, D.M.D., P.C., a North Dakota…

Court: United States District Court, D. Colorado

Date published: Oct 25, 2006

Civil Action No. 05-cv-2062-EWN-CBS (D. Colo. Oct. 25, 2006)

Opinion

Civil Action No. 05-cv-2062-EWN-CBS.

October 25, 2006

ORDER

EDWARD NOTTINGHAM JR., District Judge

This case comes before the court on a motion to transfer (#42) filed by Defendants on August 4, 2006. The motion has been briefed to death. The most helpful aspect of the briefing is the order of United States Bankruptcy Judge Jerry A. Brown of the United States Bankruptcy Court for the Eastern District of Louisiana, the judge before whom this case would end up if this court were to grant the motion to transfer. Bankruptcy Judge Brown has granted Plaintiffs here (and Plaintiffs in other litigation) relief from the statutory automatic stay for the purpose of litigating the issue of whether the contracts which are central to this litigation are void ab initio under applicable state law. Plaintiffs here thus propose to litigate that question in this case. The court agrees with Judge Brown's sensible conclusion that a federal district court sitting in Colorado is in a better position to adjudicate this issue than a bankruptcy court in Louisiana. Accordingly, it is

ORDERED that the motion to transfer be DENIED.