M & M Transfer Co. v. Auto Rental & Leasing, Inc.

ORDER

EDENFIELD, District Judge.

The above-styled action having been reinstated by an amendment to the complaint showing that diversity jurisdiction exists, the case is now before the court for consideration of defendant’s motion to dismiss for failure to state a claim and motion to stay the action pending outcome of a related case in the Superior Court of Fulton County, Georgia, or in the alternative to dismiss the action as premature or on principles of comity. A review of the record in this case indicates that the action is premature and the court therefore will not reach the other questions…