Opinion
C.A. No. 99C-12-010-WTQ.
Argued: February 17, 2000.
Decided: February 17, 2000.
Letter Opinion and Order on Defendant's Motion to Dismiss or Stay; AFTER FILING OF AN ANSWER, LITIGATION STAYED .
David Eagle, Esquire Klehr Harrison, Harvey Branzburg Ellers 919 N. Market Street, Suite 1000 Wilmington, DE 19801
Joseph Grey, Esquire Stevens Lee 300 Delaware Avenue, Suite 800 Wilmington, DE 19801
Gentlemen:
A. At the hearing today, the Court made four points:
1. Delaware gives weight to which case is first-filed.
2. Considerations of comity favor the New Mexico Court deciding the issues involved in the Motion to Dismiss currently being presented in New Mexico.
3. It appears on the current record here that Delaware is a more convenient venue than New Mexico.
4. While there is never a guarantee against delay, this Court is ready to process the case in a normal fashion.
B. The Court ordered Commodore to file an Answer in the Delaware case within 20 days. After such filing, the litigation is STAYED for four months so that the Motion to Dismiss in the New Mexico case can be heard in New Mexico. Zanett is urged to pursue that Motion with vigor. IT IS SO ORDERED.
Sincerely,
William T. Quillen