Holland v. Hay

OPINION AND FINAL ORDER

REBECCA BEACH SMITH, District Judge.

This case comes before the court on defendants’ motion to dismiss or stay the action under the Colorado River doctrine of abstention. See Colorado River Water Conservation Dist. v. United States, 424 U.S. 800, 96 S.Ct. 1236, 47 L.Ed.2d 483 (1976). Defendants assert that the instant suit should be stayed or dismissed pending judgment in a concurrent Georgia state court action, arising out of virtually the same set of facts and claims as this federal action. Alternatively, defendants move this court to dismiss this case pursuant to…