Seiden Law Defeats Anticipatory Filing In Wisconsin And Transfers Case To New York.

Convergen Energy WI LLC v. L’Anse Warden Electric Company LLC

United States District Court, Western District of Wisconsin

2020 WL 3833075

Case No. 3:20-cv-00543-wmc

On July 20, 2020, the Honorable Judge William M. Conley ruled in favor of Seiden Law client, Libra Group and L’Anse Warden Electric Company LLC, ruling to transfer the case to the Southern District of New York.

The Order states:

“Here, despite plaintiff’s assertions to the contrary, this case is inextricably tied to the pending New York action. . .

Of course, the Eastern District of Wisconsin action was filed hours before the New York suit, albeit originally in state court. Like this case, however, the Eastern District lawsuit does not include the entire range of issues before it, and plaintiff has now intentionally carved out any issue related to enforceability of the Supply Agreement. Moreover, in merely seeking a declaratory judgment as to the enforceability of the other acquisition documents, plaintiffs in that suit essentially acknowledge that they are not “the natural plaintiffs.” See Allendale Mut. Ins. Co. v. Bull Data Sys., Inc., 10 F.3d 425, 431 (7th Cir. 1993) (“[A] suit for declaratory judgment aimed solely at wresting the choice of forum from the ‘natural’ plaintiff will normally be dismissed and the case allowed to proceed in the usual way.”).”

Full Order Here