Opinion
Case No. 3:06-cv-122.
January 23, 2007
ORDER
This matter came before the Court pursuant to a telephone status conference conducted on 23, 2007, at the request of Defendant Commemorative Air Force ("CAF"). The Plaintiff in this matter is Michael W. Wynne, Secretary of the United States Air Force (the "USAF").
On April 3, 2006, the CAF filed a complaint for declaratory relief and equitable estoppel in the United States District Court for the Central District of California (the "California Action"). Twenty-three days later, the USAF filed the Complaint in this case for declaratory judgment, breach of contract or conditional lease, and replevin (the "Ohio Action"). The Ohio Action was stayed by this Court pending the outcome of the USAF's motions to transfer venue and to dismiss in the California Action.
The California Action has now been dismissed for lack of subject matter jurisdiction and an Amended Complaint has been filed. The USAF indicates that it will be attempting to transfer venue or otherwise have the Amended Complaint dismissed. Therefore, pending a decision on venue or dismissal of the Amended Complaint in the California Action, this case will remain stayed for the reasons set forth in this Court's prior opinion regarding venue. (Doc. #10.) Further, as before, the CAF is hereby ordered to inform this Court of the decision on the USAF's motion to dismiss or transfer the California Action when that decision is rendered by the United States District Court for the Central District of California.
DONE and ORDERED in Dayton, Ohio.