Opinion
Case No. 05-CV-1605 (FB) (WDW).
January 27, 2006
Appearances: For Plaintiff: CHARLES G. EICHINGER, ESQ. Charles G. Eichinger Associates, P.C. Islandia, NY.
For Defendants: PATRICK D. BONNER, JR., ESQ. MELISSA KELLY DRISCOLL, ESQ. Menz Bonner Komar LLP New York, NY.
MEMORANDUM AND ORDER
In this diversity action, plaintiff, IMR Associates, Inc. ("IMR"), sues defendants, Republic National Industries of Texas, L.P., and Republic Industries, Inc. (collectively, "Republic"), for breach of contract. Republic moves, pursuant to 28 U.S.C. § 1404(a), to transfer the action to the Eastern District of Texas, Marshall Division, where a previously filed declaratory-judgment action involving the same parties and issues is currently pending.
"The court before which the first-filed action was brought determines which forum will hear the case," MSK Ins., Ltd. v. Employers' Reins. Corp., 212 F.Supp. 2d 266, 268 (S.D.N.Y. 2002) (footnotes omitted). Here, the first-filed action is before the Honorable Leonard Davis of the Eastern District of Texas; on June 2, 2005, Judge Davis decided that that action will proceed. In any event, "[t]he general rule in this Circuit is that, as a principle of sound judicial administration, the first suit should have priority, absent the showing of balance of convenience in favor of the second action, or unless there are special circumstances which justify giving priority to the second," William Gluckin Co. v. International Playtex Corp., 407 F.2d 177, 178 (2d Cir. 1969) (citations and internal quotation marks omitted); a departure from this "first-filed rule" is not warranted here.
For these reasons, as elaborated in open court on January 27, 2006, Republic's motion is granted. The Clerk is directed to transfer the present action to the Eastern District of Texas, Marshall Division.
SO ORDERED.