SCHERING CORPORATION, now known as Merck & Co. and Old Republic Insurance Company, Plaintiffs,
v.
Donald J. GRIFFO, Thomas Gonzales, Gina Delfino, individually and as Personal Representative of the Estate of Manuel Delfino, and as Parent and Next Friend of Domonic Sena and Gabriel Delfino, minors, Defendants.
United States District Court, D. New Mexico.https://leagle.com/images/logo.png
January 17, 2012.
January 17, 2012.
Attorney(s) appearing for the Case
Thomas P. Gulley, Rebecca L. Avitia, Bannerman & Johnson, P.A., Albuquerque, NM, for Plaintiffs.
Mark D. Jarmie, Jarmie & Associates, Albuquerque, NM and Mark D. Standridge, Jarmie & Associates, Las Cruces, NM, for Defendants Donald J. Griffo and Thomas Gonzales.
Brian S. Colon, Robles Rael & Anaya, P.C., and Esteban A. Aguilar, Sr., Albuquerque, NM, for Defendant Gina Delfino.
United States District Court, D. New Mexico.
MEMORANDUM OPINION AND ORDER
JAMES O. BROWNING, District Judge.
THIS MATTER comes before the Court on Plaintiff Gina Delfino's Motion to Dismiss and, Alternatively, Motion to Stay, filed June 17, 2011 (Doc. 11)("MTD"). The Court held a hearing on November 16, 2011. The primary issue is whether the Court should stay or dismiss the federal declaratory judgment action, because there is a parallel state proceeding. The Court will grant the...
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