CareFusion 202, Inc. v. Tres Tech Corporation
Filing
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ORDER by Judge Edward M. Chen Denying 13 Petitioner's Emergency Ex Parte Application for Order Temporarily Staying Respondents From Further Proceedings. (emcsec, COURT STAFF) (Filed on 5/22/2013)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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CAREFUSION 202, INC.,
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For the Northern District of California
United States District Court
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No. C-13-2194 EMC
Petitioner,
v.
TRES TECH CORPORATION,
Respondent.
___________________________________/
ORDER DENYING PETITIONER’S
EMERGENCY EX PARTE
APPLICATION FOR ORDER
TEMPORARILY STAYING
RESPONDENTS FROM FURTHER
PROCEEDINGS
(Docket No. 13)
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Petitioner CareFusion 202, Inc. has filed a petition to vacate an arbitration award issued by a
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AAA arbitration panel, which was favorable to Respondent Tres Tech Corporation. Currently
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pending before the Court is CareFusion’s motion for a temporary restraining order. In the motion,
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CareFusion asks this Court, in effect, to stay a case currently ongoing in a federal district court in
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Texas. The Texas court has before it a petition to confirm the same arbitration award, which was
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filed by Tres Tech.
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Having considered the parties’ briefs and accompanying submissions, the Court finds this
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matter suitable for disposition without oral argument. CareFusion’s request for relief is hereby
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DENIED. As Tres Tech argues, because CareFusion seeks a stay of the proceedings in the Texas
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court, that request for relief should be made before the Texas court, not this one, particularly as the
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Texas case was filed before the instant case. See generally Alltrade, Inc. v. Uniweld Prods., Inc.,
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946 F.2d 622 (9th Cir. 1991) (addressing the first-to-file rule). Moreover, CareFusion’s request for
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temporary injunctive relief is problematic because it has failed to establish a likelihood of
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irreparable injury. First, it is not clear that the prospect of being subject to different Circuit law is
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enough to establish irreparable injury. Second, even it could be, Tres Tech persuasively argues that
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a denial of the request for temporary relief will not result in any irreparable harm to CareFusion
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because CareFusion may still seek relief from the Texas court.
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Finally, the Court notes that, in its opposition brief, Tres Tech has asked the Court to dismiss
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or stay this case in favor of the first-filed Texas case. The Court denies this request without
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prejudice. The Court has before it only CareFusion’s request for relief. It is not appropriate for Tres
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Tech to seek independent relief as part of an opposition brief.
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This order disposes of Docket No. 13.
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For the Northern District of California
United States District Court
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IT IS SO ORDERED.
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Dated: May 22, 2013
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_________________________
EDWARD M. CHEN
United States District Judge
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