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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 GARY CASTRO, Plaintiff, 8 v. ORDER TO SHOW CAUSE 9 10 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 11 12 13 On January 16, 2014, Plaintiff Gary Castro filed the above-titled lawsuit in this Court (the 14 “272 Complaint”). On the same date, he filed another case in Alameda County Superior Court, 15 which Defendants timely removed to this Court on April 18, 2014, Gary Castro v. City of Union 16 City, et al., C-14-1796 MEJ (the “1796 Complaint”). Save for the caption page and two 17 paragraphs in the 272 Complaint that were omitted from the 1796 Complaint, these lawsuits are 18 identical. 19 A district court retains broad discretion to control its docket and may exercise its discretion 20 to dismiss a duplicative later-filed action, to stay that action pending resolution of the previously 21 filed action, to enjoin the parties from proceeding with it, or to consolidate both actions. Adams v. 22 Cal. Dept. of Health Servs., 487 F.3d 684, 688 (9th Cir. 2007) (citations omitted). To determine 23 whether a suit is duplicative, the Ninth Circuit borrows from the test for claim preclusion. Id. 24 Under claim preclusion doctrine, the Court examines whether the causes of action and relief 25 sought, as well as the parties or privies to the action, are the same. Id. at 689. 26 Here, Plaintiff filed nearly-identical lawsuits on the same date in this Court and in 27 Alameda County Superior Court. Save for the cover sheet and two paragraphs that were removed 28 from the 1796 Complaint, the lawsuits are identical. Thus, all causes of action and relief sought in 1 2 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 3 1796 Complaint should not be dismissed as duplicative. Plaintiff shall file a declaration by May 4 22, 2014. If a responsive declaration is filed, the Court shall either issue an order based on the 5 declaration or conduct a hearing on June 5, 2014 at 10:00 a.m. in Courtroom B, 15th Floor, 450 6 Golden Gate Avenue, San Francisco, California. Notice is hereby provided to Plaintiff that the 7 Court may dismiss the 1796 Complaint without a hearing if no responsive declaration is filed. 8 IT IS SO ORDERED. 9 10 United States District Court Northern District of California 11 12 Dated: May 8, 2014 ______________________________________ MARIA-ELENA JAMES United States Magistrate Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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