DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
123871P.pdf 12/18/2013 John Cottrell v. Michael Duke
U.S. Court of Appeals Case No: 12-3871
U.S. District Court for the Western District of Arkansas - Texarkana
[PUBLISHED] [Shepherd, Author, with Murphy and Melloy, Circuit Judges]
Civil case. Where the district court stayed and administratively
terminated federal proceedings in favor of a substantially similar state
court proceeding that would have the realistic effect of precluding any
future proceedings in federal court, the order was final and appealable;
the district court erred in utilizing Colorado River Water Conservation
District v. United States to stay a federal shareholder-derivative
proceeding which contained a valid claim within the exclusive jurisdiction
of the federal courts; while the district court has inherent power to stay
proceedings in the interest of controlling its docket, the stay here was
an abuse of the district court's discretion; on remand, the district court
may impose a more finite and less comprehensive stay if it concludes that
such a stay properly balances the rights of the parties and serves the
interest of judicial economy.