Benny Saucier v. Aviva Life and Annuity Company

GRAVES, Circuit Judge:

Counter Defendants-Appellants RSL Funding, L.L.C. and RSL-5B-IL Limited (collectively “RSL”) appeal the district court’s decision to abstain based on the doctrine of Colorado River Water Conservation District v. United States, 424 U.S. 800, 96 S.Ct. 1236, 47 L.Ed.2d 483 (1976), and to remand this case to the state court. For the following reasons, we REVERSE the decision of the district court and REMAND the case to the district court. The motion to dismiss filed by Plaintiff-Counter Defendant-Appellee Benny Ray Saucier (“Saucier”) is DENIED.

BACKGROUND

Because the factual…