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17-3410 - GRIGGERS et al v. SHOPF


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17-3410 - GRIGGERS et al v. SHOPF
March 27, 2018
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7/2018. (APD)ORDER - Presently pending before the Court is Defendant Judith Shopf's Motion to Dismiss, in which she alleges that this Court lacks in personam jurisdiction over her, and that Plaintiffs Larry Griggers and RC Management Holdings, LLC ("RC Management") have failed to state a claim upon which relief can be granted. [Filing No. 13.] Ms. Shopf seeks to dismiss Plaintiffs' Amended Complaint for declaratory relief related to the sale of Mr. Griggers' ownership interests in several Ruth's Chris restaurants to RC Management. [Filing No. 12.] Ms. Shopf's Motion is fully briefed1 and is now ripe for the Court's review. For the reasons stated herein, the Court DENIES Ms. Shopf's Motion. For the reasons set forth herein in finding that the Court can exercise in personam jurisdiction over Ms. Shopf, and in consideration of the fact that the Louisiana Suit has been dismissed, the Court finds that Plaintiffs' request for declaratory judgment does not constitute procedural fencing and that there is not a better or more effective remedy. Put simply, this Court is an appropriate forum to determine the controversy at issue in this suit, and the Court will therefore exercise its discretion to hear this action. Ms. Shopf's Motion to Dismiss is therefore DENIED. For the reasons detailed herein, the Court DENIES Ms. Shopf's Motion to Dismiss on all grounds. 13 (SEE ORDER). Signed by Judge Jane Magnus-Stinson on 3/2