Opinion
CIVIL ACTION NO. 07-794-RET-CN.
January 22, 2008
ORDER
Considering defendants' Motion to Stay Litigation (Dkt. # 12);
IT IS ORDERED that the motion is DENIED. See, Ermentrout v. Commonwealth Oil Co., 220 F.2d 527, 530 (5th Cir. 1955) ("[t]he pendency of a state court action in personam is no ground for abstention or stay of a like action in federal court, although the same issues are being tried and the federal action is subsequent to the state court action. The federal court may not abdicate its authority or duty in favor of the state jurisdiction").