Robert Grey Johnson Jr. v. Eric Cisney et al

Filing 68

(IN CHAMBERS) ORDER TO SHOW CAUSE WHY MATTER SHOULD NOT BE TRANSFERRED ORDISMISSED by Judge Sunshine Suzanne Sykes: Because the Court has concerns that the pending matter should be transferred to the Northern District of Alabama, or dismissed outrigh t, under the first-to-file rule or 28 U.S.C. § 1404(a), the Court ORDERS Plaintiff to show in writing why the case should not be dismissed or transferred. The Parties shall file their response to this order no later than September 22, 2023. The Court further sets a hearing regarding this Order to Show Cause on October 20, 2023, at 1:00 PM via Zoom. IT IS SO ORDERED. See order for more information. (shb)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES—
GENERAL
Case No.

5:17-cv-02059-SSS-KKx

Date September 11, 2023

Title Robert Grey Johnson, Jr. v. Eric Cisney, et al.

Present: The Honorable

SUNSHINE S. SYKES, UNITED STATES DISTRICT JUDGE

Irene Vazquez

Not Reported

Deputy Clerk

Court Reporter

Attorney(s) Present for Plaintiff(s):

Attorney(s) Present for Defendant(s):

None Present

None Present

Proceedings: (IN CHAMBERS) ORDER TO SHOW CAUSE WHY
MATTER SHOULD NOT BE TRANSFERRED OR
DISMISSED
The “first-to-file rule” is a doctrine of federal comity that allows a district
court to transfer, stay, or dismiss an action “when a complaint involving the same
parties and issues has already been filed in another district.” Pacesetter Systems,
Inc. v. Medtronic, Inc. 678 F.2d 93, 94–95 (9th Cir, 1982); Alltrade, Inc. v.
Uniweld Prods., Inc., 946 F.2d 622, 625 (9th Cir. 1991). “The most basic aspect of
the first-to-file rule is that it is discretionary.” Alltrade, 946 F.2d at 628 (noting
courts should be given “an ample degree of discretion, appropriate for disciplined
and experienced judges,” when applying the first-to-file rule). The first-to-file rule
“serves the purpose of promoting efficiency well and should not be disregarded
lightly.” Church of Scientology of Ca. v. U.S. Dept. of Army, 611 F.2d 738, 750
(9th Cir. 1979).
Three factors are analyzed when determining the applicability of the first-tofile rule: (1) “chronology of the lawsuits, [(2)] similarity of the parties, and [(3)]
similarity of the issues.” Kohn Law Grp., Inc. v. Auto Parts Mfg. Mississippi, Inc.,
787 F.3d 1237, 1240 (9th Cir. 2015). “The filing date of a removed case is the date
the action was filed in state court.” Amerifreight, Inc. v. Belacon Pallet Serv.,
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LLC, No. 2:15-cv-5607-RSWL-JPR, 2015 WL 13037420, at *2 (C.D. Cal. Nov.
10, 2015); Hartford Acc. & Indem. Co. v. Margolis, 956 F.2d 1166 (9th Cir. 1992).
If all the above factors are met, a court may, sua sponte, transfer an action under
the first-to file rule. See PETA, Inc. v. Beyond the Frame, Ltd., No. CV 10-07576MMM-SSX, 2011 WL 686158, at *2 (C.D. Cal. Feb. 16, 2011) (collecting cases).
“For the convenience of parties and witnesses,” and “in the interest of
justice,” a court also may, sua sponte, transfer an action “to any other district or
division where it might have been brought or to any district or division to which all
parties have consented.” 28 U.S.C. § 1404(a). When determining whether to
transfer a matter, the court considers (1) the convenience of the parties, (2) the
convenience of the witnesses, and the (3) interest of justice. Id. In analyzing these
factors, courts consider the possible transfer’s effect on judicial economy. Van
Dusen v. Barrack, 376 U.S. 612, 616 (1964) (noting 28 U.S.C. § 1404(a)’s purpose
was in part to avoid duplicative litigation and prevent waste of time and money).
Because the Court has concerns that the pending matter should be
transferred to the Northern District of Alabama, or dismissed outright, under the
first-to-file rule or 28 U.S.C. § 1404(a), the Court ORDERS Plaintiff to show in
writing why the case should not be dismissed or transferred. The Parties shall file
their response to this order no later than September 22, 2023. The Court
further sets a hearing regarding this Order to Show Cause on October 20, 2023, at
1:00 PM via Zoom.1
IT IS SO ORDERED.

1

The Court refers the Parties to Judge Sykes’ website for details regarding
hearings via zoom: https://www.cacd.uscourts.gov/honorable-sunshine-s-sykes.
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