JTH TAX, INC. v. MAHMOOD (N.D.Miss. 3-1-2010)

W. PEPPER JR., District Judge

This matter comes before the court upon the defendants' October 12, 2009 Motion to Strike Plaintiff's Motion to Transfer Venue, or, Alternatively, to Stay [92]. After due consideration of the motion and the responses filed thereto, the court finds as follows, to-wit:

Because the court granted the motion to remand pending in the companion case, First Financial, Inc. v. JTH Tax, Inc., et al., Civil Action No. 2:09cv21, on February 22, 2010, the instant motion is moot. Accordingly, it should be denied.

IT IS THEREFORE ORDERED AND ADJUDGED that:

(1) The defendants' October 12, 2009 Motion to Strike Plaintiff's Motion to Transfer Venue, or, Alternatively, to Stay [92] is DENIED;

(2) The defendants are instructed to respond to the plaintiff's motion to transfer venue by Monday, March 8, 2010. The plaintiff shall file its reply by March 12, 2010; and

(3) The defendants are further instructed to pay particular attention in their response to the forum selection clause in the subject contract.