Just a Second

I’ve been involved in a few forum fights following a proverbial “race to the courthouse,” but this one is a true photo finish.   The parties laid the groundwork for this contest by agreeing that a litigation standstill would expire on November 12, 2012, at exactly 8:00 pm.

With one eye fixed on the United States Naval Observatory Master Clock and a finger on the “submit” button, one party filed in Washington DC.  Meanwhile, in Georgia, the other side was standing in the clerk’s office watching the second hand tic on an iPhone and waiting for the instant to hand over its complaint.

The electronic time stamp in the Washington DC filing said 8:00:01. p.m.  In Georgia, the deputy clerk wrote a note on the complaint, saying it had been accepted at “8:00 p.m.”  Both parties argued they were “first to file” and sought dismissal of the other case.

After everyone had caught their breath months later, a Washington DC judge wisely declined to award a gold medal:

This is because the Court finds, in an exercise of its discretion, that even if Plaintiffs were the first to file suit, equitable considerations weigh overwhelmingly in support of resolution of the parties' dispute by the Southern District of Georgia.

In this case involving a Georgia construction project, the Georgia Prompt Payment Act and a contract applying Georgia law, the court ruled that there was no reason to run to Washington DC.

You can read the entire opinion here.