Castro v. City of Union City et al

Filing 19

ORDER TO SHOW CAUSE: Order to Show Cause Hearing set for 6/5/2014 10:00 AM. Show Cause Response due by 5/22/2014. Signed by Judge Maria-Elena James on 5/8/2014. (cdnS, COURT STAFF) (Filed on 5/8/2014) (Additional attachment(s) added on 5/8/2014: # 1 Certificate/Proof of Service) (cdnS, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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GARY CASTRO,
Plaintiff,

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v.

ORDER TO SHOW CAUSE

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Case No. 14-cv-00272-MEJ
and Related Case 14-cv-01796-MEJ

CITY OF UNION CITY, et al.,
Defendants.

United States District Court
Northern District of California

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On January 16, 2014, Plaintiff Gary Castro filed the above-titled lawsuit in this Court (the

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“272 Complaint”). On the same date, he filed another case in Alameda County Superior Court,

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which Defendants timely removed to this Court on April 18, 2014, Gary Castro v. City of Union

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City, et al., C-14-1796 MEJ (the “1796 Complaint”). Save for the caption page and two

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paragraphs in the 272 Complaint that were omitted from the 1796 Complaint, these lawsuits are

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identical.

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A district court retains broad discretion to control its docket and may exercise its discretion

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to dismiss a duplicative later-filed action, to stay that action pending resolution of the previously

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filed action, to enjoin the parties from proceeding with it, or to consolidate both actions. Adams v.

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Cal. Dept. of Health Servs., 487 F.3d 684, 688 (9th Cir. 2007) (citations omitted). To determine

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whether a suit is duplicative, the Ninth Circuit borrows from the test for claim preclusion. Id.

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Under claim preclusion doctrine, the Court examines whether the causes of action and relief

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sought, as well as the parties or privies to the action, are the same. Id. at 689.

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Here, Plaintiff filed nearly-identical lawsuits on the same date in this Court and in

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Alameda County Superior Court. Save for the cover sheet and two paragraphs that were removed

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from the 1796 Complaint, the lawsuits are identical. Thus, all causes of action and relief sought in

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the 1796 Complaint are the same as those in the 272 Complaint.
Accordingly, the Court hereby ORDERS Plaintiff Gary Castro to show cause why the

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1796 Complaint should not be dismissed as duplicative. Plaintiff shall file a declaration by May

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22, 2014. If a responsive declaration is filed, the Court shall either issue an order based on the

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declaration or conduct a hearing on June 5, 2014 at 10:00 a.m. in Courtroom B, 15th Floor, 450

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Golden Gate Avenue, San Francisco, California. Notice is hereby provided to Plaintiff that the

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Court may dismiss the 1796 Complaint without a hearing if no responsive declaration is filed.

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IT IS SO ORDERED.

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United States District Court
Northern District of California

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Dated: May 8, 2014
______________________________________
MARIA-ELENA JAMES
United States Magistrate Judge

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