DEFENDANTS' MOTION FOR COLORADO RIVER STAY OF CASE

JANE MAGNUS-STINSON, District Judge.

Defendants Merchants Bank of Indiana ("MBI"), P/R Mortgage and Investment Corporation d/b/a P/R Mortgage & Investments ("P/R"), and Michael F. Petrie ("Petrie") (collectively, "Defendants"), by counsel, and pursuant to the Colorado River Doctrine, established by Colo. River Water Conservation Dist. v. United States, 424 U.S. 800 (1976), and its progeny, respectfully move the Court for an Order staying this case in favor of and pending resolution of the parallel state court action pending in the Probate Court of Dallas County, Texas, as Cause No. PR-16-1431, and styled P/R Mortgage and Investment Corporation d/b/a PR Mortgage & Investments, successor-in-interest to Merchants Bank of Indiana v. MUSA Financial LLC, f/k/a J&M Mortgage Brokers, Ltd., d/b/a Mortgages USA; and Mary Ellen Malone, individually and in her capacity as Independent Executor of the Estate of Bernard P. Malone, deceased (the "Texas Case").

The Court should stay this case, because it is parallel to the Texas Case, and because a weighing of the ten non-exclusive factors set forth in Colorado River favors abstention. The equities also favor abstention. Staying this case will avoid duplicative piecemeal litigation, the potential for inconsistent results, and the inequities that would result of permitting MUSA to adjudicate its claims against Defendants in this case before P/R can establish its right to recover from MUSA in the Texas Case.

Simultaneously with the filing of this Motion, Defendants have filed a Brief in Support of Motion for Colorado River Stay of Case and supporting exhibits.

WHEREFORE, Defendants request that the Court enter an Order staying this case in favor of and pending resolution of the Texas Case and for all other and proper relief in the premises.