Vigil v. Colgate-Palmolive Company

Filing 24

ORDER GRANTING 21 Motion to Stay Proceedings in Favor of First-Filed Litigation. Signed by Judge Jeffrey S. White on April 20, 2017. (jswlc3S, COURT STAFF) (Filed on 4/20/2017)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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MELISSA L. VIGIL, individually and on behalf
of all others similarly situated,

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For the Northern District of California

United States District Court

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No. C 17-00929 JSW

Plaintiff,
ORDER GRANTING MOTION TO STAY
PROCEEDINGS IN FAVOR OF FIRSTFILED LITIGATION

v.
COLGATE-PALMOLIVE COMPANY,
Defendant.

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Now before the Court is motion to dismiss or to stay proceedings in favor of first-filed

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litigation filed by Defendant Colgate-Palmolive Company (“Defendant”). Pursuant to Civil Local

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Rule 7-1(b), the Court finds that the motion which has been noticed for hearing on Friday, April 28,

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2017 at 9:00 a.m., is appropriate for decision without oral argument. Accordingly, the hearing date

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is hereby VACATED.

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The first-to-file rule is designed to promote judicial efficiency by avoiding any unnecessary

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burden on the federal judiciary and by avoiding duplicative or conflicting judgments. Alltrade, Inc.

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v. Uniweld Products, Inc., 946 F.2d 622, 625 (9th Cir. 1991). That rule embodies principles of

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comity and permits a court to transfer, stay, or dismiss an action when a similar complaint has been

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filed in another district court. Id. at 623. A court must examine three factors: (1) the chronology of

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the two actions; (2) the similarity of the parties; and (3) the similarity of the issues. Id. at 625-26;

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Pacesetter Systems, Inc. v. Medtronic, Inc., 678 F.2d 93, 95 (9th Cir. 1982). The first-to-file rule “is

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not a rigid or inflexible rule to be mechanically applied, but rather is to be applied with a view to the

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dictates of sound judicial administration.” Pacesetter, 678 F.2d at 95.
In this matter, each of the factors weighs in favor of applying the first-to-file rule and staying

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this action pending resolution of the first-filed matter, Jaqueline Dean v. Colgate-Palmolive

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Company, No. 5:15-cv-00107-JGB-DTB (C.D. Cal.) (“Dean”). There is no dispute that this action

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was later-filed, the cases involve similar parties, and that the issues in the actions are similar.

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Accordingly, in its discretion, the Court HEREBY GRANTS Defendant’s motion to stay pending

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resolution of the first-filed action. The parties shall update the Court by joint submission within five

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court days of resolution of the Dean matter, or every 120 days, whichever is sooner.

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For the Northern District of California

United States District Court

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IT IS SO ORDERED.
Dated: April 20, 2017
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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