Peterson v. West TN Expediting, Inc., 18-1164-STA-egb. (2018)
Court: District Court, W.D. Tennessee
Number: infdco20181010f37
Visitors: 33
Filed: Oct. 09, 2018
Latest Update: Oct. 09, 2018
Summary: ORDER DENYING MOTION TO DISMISS S. THOMAS ANDERSON , Chief District Judge . Defendant West Tennessee Expediting, Inc., has filed a motion to dismiss the complaint filed in this Court under the state court doctrine of prior suit pending. 1 (ECF No. 9.) Both this complaint and the state court complaint are based on the same set of facts. Plaintiff has responded to the motion to dismiss and states that she has voluntarily dismissed the state court lawsuit. 2 (ECF No. 10.) Accordingly, there
Summary: ORDER DENYING MOTION TO DISMISS S. THOMAS ANDERSON , Chief District Judge . Defendant West Tennessee Expediting, Inc., has filed a motion to dismiss the complaint filed in this Court under the state court doctrine of prior suit pending. 1 (ECF No. 9.) Both this complaint and the state court complaint are based on the same set of facts. Plaintiff has responded to the motion to dismiss and states that she has voluntarily dismissed the state court lawsuit. 2 (ECF No. 10.) Accordingly, there ..
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ORDER DENYING MOTION TO DISMISS
S. THOMAS ANDERSON, Chief District Judge.
Defendant West Tennessee Expediting, Inc., has filed a motion to dismiss the complaint filed in this Court under the state court doctrine of prior suit pending.1 (ECF No. 9.) Both this complaint and the state court complaint are based on the same set of facts. Plaintiff has responded to the motion to dismiss and states that she has voluntarily dismissed the state court lawsuit.2 (ECF No. 10.) Accordingly, there is no need to decide whether the state court doctrine would bar the present lawsuit, see Laney Brentwood Homes, LLC v. Town of Collierville, 144 F. App'x 506, 511 (6th Cir. 2005) (citation omitted) ("The Tennessee doctrine of `prior suit pending,' however, is a state law doctrine which plainly does not apply to federal courts."), and Defendant's motion to dismiss is DENIED as moot.
IT IS SO ORDERED.
FootNotes
1. "In Tennessee, the prior suit pending doctrine generally allows `a party [to] have an action barred on procedural grounds if there was a prior suit pending against him in the same jurisdiction for the same cause of action.'" Cent. Bank v. Jerrolds, 2015 WL 1486368 at *5 (W.D. Tenn. Mar. 31, 2015) (quoting West v. Vought Aircraft Indus., Inc., 256 S.W.3d 618, 622 (Tenn. 2008)).
2. Plaintiff's Order of Dismissal was entered on September 18, 2018, in the Chancery Court for Lauderdale County, Tennessee. (ECF No. 10-3.)
Source: Leagle
