Ritchie Multi-Strategy Glob., LLC v. Huizenga Managers Fund, LLC

Full title: RITCHIE MULTI-STRATEGY GLOBAL, LLC, f/k/a/ CAPITAL, LLC, Plaintiff, v…

Court: SUPERIOR COURT OF THE STATE OF DELAWARE

Date published: Mar 6, 2019

C.A. No. N18C-08-246 MMJ CCLD (Del. Super. Ct. Mar. 6, 2019)

Opinion

C.A. No. N18C-08-246 MMJ CCLD

03-06-2019

RITCHIE MULTI-STRATEGY GLOBAL, LLC, f/k/a/ CAPITAL, LLC, Plaintiff, v. HUIZENGA MANAGERS FUND, LLC, Defendant.

John A. Sensing, Esq. (Argued), Ryan C. Cicoski, Esq., Potter Anderson & Coroon, LLP, Attorneys for Plaintiff Steven L. Caponi, Esq., Matthew B. Goeller, Esq., K&L Gates, LLP, Christopher J. Barber, Esq. (Argued), Williams Montgomery & John Ltd., Attorneys for Defendant

JOHNSTON, J.

On Defendant's Motion to Dismiss or Stay
GRANTED IN PART, DENIED IN PART ORDER John A. Sensing, Esq. (Argued), Ryan C. Cicoski, Esq., Potter Anderson & Coroon, LLP, Attorneys for Plaintiff Steven L. Caponi, Esq., Matthew B. Goeller, Esq., K&L Gates, LLP, Christopher J. Barber, Esq. (Argued), Williams Montgomery & John Ltd., Attorneys for Defendant JOHNSTON, J.

This is the third case brought in this Court involving the same or closely-related parties. This is the third motion to dismiss or stay on the basis of improper venue.

The same analysis applies in this case as in this Court's two prior decisions - Ritchie v. Huizenga Managers Fund, LLC, 2017 WL 7803924 (Del. Super.) and Ritchie Multi-Strategy Global, LLC v. Huizenga Managers Fund, LLC, Del. Super., C.A. No. N18C-05-050 MMJ CCLD (Jan. 15, 2019) (Mem. Op.). For the reasons set forth in those opinions, the Court finds that the McWane ¹ factors weigh in favor of staying this case.

1

The Court finds that both parties have fee requests pending in the Circuit Court of Cook County, Illinois, in Case No. 07 CH 9626 before the Honorable Peter Flynn. That court retained jurisdiction to hear all fee claims. The issues are in the briefing stage in Illinois. Resolution by Judge Flynn may bear directly on this Delaware case.

THEREFORE, Defendant's Motion to Dismiss or Stay is hereby GRANTED IN PART. The Motion to Dismiss is here by DENIED, and the Motion to Stay is hereby GRANTED. The Court finds that there is a prior action pending in Illinois, in a court capable of doing prompt and complete justice, involving substantially the same parties and substantially the same issues.

IT IS SO ORDERED.

/s/_________

The Honorable Mary M. Johnston

McWane Cast Iron Pipe Corp. v. McDowell-Wellman Engineering Co., 236 A.2d 281, 283 (Del. 1970).