Legal Opinion
SAS Institute, Inc. v. Practicingsmarter, Inc.
District Court, M.D. North Carolina
Decided January 14, 2005No. 1:03 CV 01063, 1:03 CV 01086PublishedCited by 7 opinions
1Opinion of the Court
MEMORANDUM OPINION
BEATY, District Judge.
I. INTRODUCTION
This matter is before the Court on motions to dismiss in two separate cases, but the Court will consider both of the motions together for the sake of expediency. In Case No. 1:03CV01086 (“ 1086”), which was removed from North Carolina state court to this Court, Defendant SAS Institute, Inc. (“SAS”) by Motion [Document # 8] is asking this Court to dismiss Case No. 1086 or stay the suit in favor of the parallel action, Case No. 1:03CV01063 (“ 1063”), in which SAS is the Plaintiff. SAS argues that its parallel action, 1063, was filed first,…
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