North Carolina Business Litigation Report

Wachovia Bank v. Deutsche Bank Trust Company Americas, 2006 NCBC 8 (N.C. Super. Ct. June 2, 2006)(Diaz)

The Court granted the defendant's motion to stay the action so that a related action pending in New York could proceed, pursuant to N.C.G.S. §1-75.12. The Court considered the following factors: "(1) the nature of the case, (2) the convenience of the witnesses, (3) the availability of compulsory process to produce witnesses, (4) the relative ease of access to sources of proof, (5) the applicable law, (6) the burden of litigating matters not of local concern, (7) the desirability of litigating matters of local concern in local courts, (8) convenience and access to another forum, (9) choice of forum by the plaintiff, and (10) all other practical considerations."

Although the plaintiff had filed the North Carolina action first, and the Court recognized that the plaintiff's choice of forum was entitled to substantial weight, it was persuaded to enter the stay because there had been a consent to jurisdiction in New York by the plaintiff, and the New York court had a greater ability to compel the appearance of other parties and witnesses.

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Mack Sperling
Brooks Pierce, LLP
2000 Renaissance Plaza
230 North Elm Street
Greensboro, NC 27401

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Raleigh, NC 27601