[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________ FILED
U.S. COURT OF APPEALS
No. 11-14013 ELEVENTH CIRCUIT
Non-Argument Calendar FEB 6, 2012
________________________ JOHN LEY
CLERK
D.C. Docket No. 9:11-cv-80390-DMM
CHAD BROWN,
ERIC LOWE,
T. ZENON PHARMACEUTICALS LLC,
d.b.a. Pharmacy Matters,
Plaintiffs - Appellants,
versus
BLUE CROSS BLUE SHIELD OF FLORIDA, INC.
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Southern District of Florida
________________________
(February 6, 2012)
Before TJOFLAT, PRYOR and KRAVITCH, Circuit Judges.
PER CURIAM:
The district court, in a comprehensive order dated August 8, 2011, granted
appellee’s motion to stay this action under the Colorado River1 doctrine pending
the final disposition of an action in an Iowa state court in which appellant
Pharmacy Matters, a mail-order pharmacy, is seeking payment for blood factors it
provided appellants Brown and Lowe—the same payment it seeks to recover in
this lawsuit. Appellants appeal the stay order, arguing that the district court
abused its discretion in granting the stay; that is, it applied the Colorado River
factors erroneously and the facts it found with respect to those factors are clearly
erroneous.
We disagree. The August 8 order demonstrates that the district court
correctly applied the Colorado River factors and that the findings of fact it made
with respect to the factors is supported by the record. Hence, granting the stay did
not constitute an abuse of discretion.
AFFIRMED.
1
See Colorado River Water Conservation Dist. v. United States, 424 U.S. 800, 96 S.Ct.
1236, 47 L. Ed.2d 483 (1976).
2