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JPMorgan Chase Bank N.A. v. Avara US Holdings LLC

Case Stayed Under Colorado River Abstention Doctrine Pending Parallel Case's Resolution

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MEMORANDUM OPINION AND ORDER There are two motions pending before this Court. The first motion is a motion to dismiss by the defendant, Avara US Holdings LLC (“Avara US”), arguing that this action should be dismissed pursuant to Federal Rule of Civil Procedure 12(b)(1) and the Colorado River abstention doctrine. ECF No. 37. The second motion is a motion for partial summary judgment on Counts I, II, and III of the complaint by the plaintiff, JPMorgan Chase Bank, N.A. (“JPMorgan”), pursuant to Federal Rule of Civil Procedure 56. ECF No. 6. The plaintiff seeks judgment on its breach of contract claim and declaratory judgment that the plaintiff is entitled to foreclose on and/or exercise proxy rights related to the pledged equity interests of the defendant. For the reasons explained below, the defendant’s motion pursuant to the Colorado River abstention doctrine is granted, but the case is stayed rather than dismissed. The plaintiff’s motion for partial summary judgment is denied without prejudice. I. A. Background Avara Pharmaceutical Services Ltd. (together with its affiliates, “Avara”) is a manufacturer of compounds and products for pharmaceutical companies. Declaration of Leonard M. Levie (“Levie Decl.”)

3-4, ECF No. 39. Defendant Avara US is an affiliate holding company that owns 100 percent of the shares of Avara Pharmaceutical Technologies, Inc. (“Avara Norman”), an affiliate that owns and operates a manufacturing facility in Norman, Oklahoma. Id.

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