The Judge has reconsidered in keeping the case in OK. VANN v. NORTON now back in the hands of the D.C. Court.
Upon reconsideration of its March 15, 2013 Order, the Court now concludes that the D.C. Court should have discretion in deciding threshold legal issues, applying the first to file rule, and deciding where this action shall proceed.
Therefore, the Motion to Reconsider (Doc. 190) is GRANTED.
The Court’s Opinion and Order dated March 15, 2013 (Doc. 189) is WITHDRAWN and vacated by this Opinion and Order.
The Motion to Transfer (Doc. 178) is GRANTED for the purpose of permitting the D.C. Court to exercise its discretion in applying the first to file rule. The case is therefore transferred to the United States District Court for the District of Columbia, as related to Vann v. Norton, 03-1711-TFH.