Transfer to forum of first-filed action is granted
Bank of America, N.A., v. S.I.P. Assets, LLC et al., C.A. No. 07-159-GMS, September 11, 2007.
Sleet, C.J. Defendant EPC’s motion to transfer is granted. Defendant SIP’s motion to dismiss for lack of subject matter jurisdiction is denied as moot.
Prior to the filing of this action, litigation was pending in the Middle District of Florida brought by EPC against Bank of America. Bank of America asserts that SIP is a necessary party to the dispute and that the Florida court can not exercise jurisdiction over SIP. This court noted that Bank of America has not attempted to join SIP as a party in Florida nor give the Florida court an opportunity to determine whether SIP is a necessary party. Because the Delaware action substantially overlaps the Florida action, allowing both cases to proceed concurrently would be a waste of resources. The court transfers this matter to Florida, allowing that court to decide whether SIP is a necessary party and whether it has personal jurisdiction over SIP.
A copy of the full opinion is available here.
