• All Courts
  • Federal Courts
  • Bankruptcies
  • PTAB
  • ITC
Track Search
Export
Download All
2 results

KE ARMS LLC v. GWACS Armory LLC et al

Docket 2:20-cv-01625, Arizona District Court (Aug. 18, 2020)
Judge John J Tuchi, presiding
Contract - Other
DivisionPhoenix
FlagsSTD
Cause28:1441 Petition for Removal- Injunctive/Declaratory Relief
Case Type190 Contract - Other
Tags190 Contract, Contract, Civil, Other, 190 Contract, Contract, Civil, Other
Plaintiff KE ARMS LLC
Defendant GWACS Armory LLC
Defendant GWACS Defense Incorporated
...
cite Cite Docket

No. 17 ORDER declining to exercise jurisdiction and dismissing Plaintiff's request for declaratory ...

Document KE ARMS LLC v. GWACS Armory LLC et al, 2:20-cv-01625, No. 17 (D.Ariz. Mar. 9, 2021)
GWACS Defense, LLC (“Defense”) is a Delaware corporation that manufactures acoustical gunshot detection systems and Brownells, Inc. (“Brownells”) is a large firearms dealer that operates throughout the United States.
“A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citing Twombly, 550 U.S. at 556).
Here, the Northern District of Oklahoma court’s findings pertain to the application of the first to file rule, which requires a different analysis than whether a court should exercise jurisdiction over a party’s request for declaratory judgment.
The Court finds that both lawsuits require a determination of whether KEA and the other defendants named in this case violated the NDA, and this is a substantial issue supporting application of the first to file rule.
But when analyzing whether exercising jurisdiction would settle all aspects of the controversy, it is not clear that all of Armory’s other claims would be absolutely barred by granting declaratory relief on the issue of the KEA NDA.
cite Cite Document