Atabek & Co. Defeats Opposing Party’s Motion Prior to Hearing Thereon

Team Members Involved: Jon A. Atabek and Tiffany D. Chukiat

Atabek & Co. commends attorneys Jon Atabek and Tiffany Chukiat on their recent success in defeating an opposing party’s motion prior to the hearing thereon.

The parties’ dispute is the subject of litigation in a first-filed Missouri action and a subsequently-filed California action. Our clients are defendants in the Missouri action as well as the California action. The Missouri plaintiff is also a co-defendant in the California action. Four years after the California action was filed, the Missouri plaintiff had garnered disfavor with the Missouri court and decided it would rather try its claims in California.  As such, the Missouri plaintiff filed an ex parte application for leave to file a cross-complaint (asserting the same claims already pending in Missouri) against our clients in California. Atabek & Co. opposed the Missouri plaintiff’s ex parte application, which was denied by the Court and set for hearing as a regularly noticed motion. 

The Missouri plaintiff’s motion was essentially an improperly veiled attempt to transfer venue, intended to change the landscape of complex interstate litigation by seeking to have the parties’ dispute tried in California instead of Missouri. Atabek & Co. filed an opposition that was so iron-clad that the Missouri plaintiff opted to withdraw its motion (rather than be defeated at the hearing).

At Atabek & Co., we pride ourselves on our knowledge of the law and our ability to dismantle and defeat unsound arguments. Here, Atabek & Co. was able to persuade not only the Court, but also our opposing counsel, that our clients’ position was, in fact, the correct one.

Congratulations to Jon and Tiffany on a job well done!