Soto Lebron v. M & G Food Service, Inc.

97 F. Supp. 2d 204, 2000 U.S. Dist. LEXIS 6809, 2000 WL 621132
CourtDistrict Court, D. Puerto Rico
DecidedMay 11, 2000
DocketNo. CIV.99-2020 SEC
StatusPublished

This text of 97 F. Supp. 2d 204 (Soto Lebron v. M & G Food Service, Inc.) is published on Counsel Stack Legal Research, covering District Court, D. Puerto Rico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Soto Lebron v. M & G Food Service, Inc., 97 F. Supp. 2d 204, 2000 U.S. Dist. LEXIS 6809, 2000 WL 621132 (prd 2000).

Opinion

OPINION AND ORDER

CASELLAS, District Judge.

Background

This is an action under Title VII for discrimination on account of sex due to pregnancy. Before the Court is defendants M & G Food Service, Inc. and Guy B. Gomez’s motion to dismiss or stay grounded on Colorado River Water Conservation Dist. v. United States, 424 U.S. 800, 96 S.Ct. 1236, 47 L.Ed.2d 483 (1976) and its progeny (Docket #5). For the reasons set forth below, defendants’ motion is denied.

Applicable Law

The Supreme Court in Colorado River established a narrow1 doctrine allowing district courts to stay or dismiss a federal action because of parallel state-court litigation. The Court recognized that while federal courts have a “virtually unflagging obligation” to exercise their jurisdiction, exceptional circumstances [205]*205premised on “considerations of wise judicial administration, giving regard to conservation of judicial resources and comprehensive disposition of litigation[,]” 424 U.S. at 817-18, 96 S.Ct. 1236 (citations omitted), may sometimes permit the dismissal of a federal action which is duplicative of a pending state proceeding. The Court in Colorado River articulated an “exceptional circumstances” test of four factors which district courts should consider in assessing whether dismissal is appropriate: (1) whether either the federal or the state court has assumed jurisdiction over property, (2) “the inconvenience of the federal forum,” (3) “the desirability of avoiding piecemeal litigation,” and (4) “the order in which jurisdiction was obtained by the concurrent forums.” Id. at 818, 96 S.Ct. 1236 (citations omitted).

In Moses H. Cone Memorial Hospital v. Mercury Construction Corp., 460 U.S. 1, 103 S.Ct. 927, 74 L.Ed.2d 765 (1983), the Court listed two additional considerations which may be factored in the district court’s assessment of the appropriateness of dismissal: (5) whether federal or state law controls (the “souree-of-law factor”), and (6) “the probable adequacy of the state-court proceeding to protect ... [the parties’] rights.” Id. at 23-26, 103 S.Ct. 927.

Another factor considered by some courts is the motivation for the federal lawsuit; particularly, whether it is vexatious or reactive in nature. See Elmendorf Grafica, Inc. v. D.S. America (East), Inc., 48 F.3d 46, 50 (1st Cir.1995); Villa Marina Yacht Sales, Inc. v. Hatteras Yachts, 947 F.2d 529, 537 (1st Cir.1991), cert. denied, 503 U.S. 986, 112 S.Ct. 1674, 118 L.Ed.2d 393 (1992) (hereinafter “Villa Marina II ”); Villa Marina Yacht Sales, Inc. v. Hatteras Yachts, 915 F.2d 7, 15 (1st Cir.1990) (hereinafter “Villa Marina I”); Fuller Company v. Ramon I. Gil, Inc., 782 F.2d 306, 309-10 (1st Cir.1986); Marcano Arroyo v. K-Mart, Inc., 24 F.Supp.2d 169, 172 (D.P.R.1998); Fumero-Vidal v. First Fed. Sav. Bank, 788 F.Supp. 1275, 1282 (D.P.R.1992).

“No one factor,” however, “is necessarily determinative; a carefully considered judgment taking into account both the obligation to exercise jurisdiction and the combination of factors counseling against that exercise is required. Only the clearest of justifications will warrant dismissal.” Colorado River, 424 U.S. at 818-19, 96 S.Ct. 1236 (citations omitted). “[T]he decision whether to dismiss a federal action because of parallel state-court litigation does not rest on a mechanical checklist, but on a careful balancing of the important factors as they apply in a given case, with the balance heavily weighted in favor of the exercise of jurisdiction.” Moses H. Cone, 460 U.S. at 16, 103 S.Ct. 927 (emphasis added). Ultimately, “the decision whether to defer to the state court is necessarily left to the discretion of the district court in the first instance,” subject to reversal only for an abuse of that discretion. Id. at 19, 103 S.Ct. 927.

Recently, however, the Supreme Court held that while district courts may stay or dismiss an action based on abstention principles where the relief sought is equitable or otherwise discretionary, they may only stay, but not dismiss, a damages action based on those principles. Quackenbush v. Allstate Ins. Co., 517 U.S. 706, 116 S.Ct. 1712, 1722-28, 135 L.Ed.2d 1 (1996). After a thorough examination, the Court concluded that:

[Our precedents] demonstrate that the power to dismiss ... [based on abstention principles] ... derives from the discretion historically enjoyed by the courts of equity.... Ultimately, what is at stake is a federal court’s decision, based on a careful consideration of the federal interests in retaining jurisdiction over the dispute and the competing concern for the “independence of state action,” that the State’s interests are paramount and that a dispute would best be adjudicated in a state forum.

[206]*206Id. at 1726, 116 S.Ct. 1712 (citations omitted).

The First Circuit has not taken the Court’s words in Quackenbush lightly and has avoided hair-splitting, stating the law as follows: “the Supreme Court held that abstention, under Burford or otherwise, may be appropriate in suits for damages. But the Court further held that in a damages action, the district court may only order a stay pending resolution of state proceedings; it cannot invoke abstention to dismiss the suit altogether.” DeMauro v. DeMauro, 115 F.3d 94, 98 (1st Cir.1997) (citations omitted) (emphasis added). “This rule,” as the circuit court noted, “may seem rather wooden, given the merger of law and equity, but the Court means what it says ....” Id. This being an action in damages, the Court may not dismiss it altogether. Our analysis thus turns to whether, in the circumstances that obtain, a stay would be appropriate.

.Defendants concede — and plaintiff does not dispute — -that the first factor— whether either court has assumed jurisdiction over property — is of no consequence in this case. Also, defendants do not allege that this action is ill-motivated, or reactive or vexatious in nature. Therefore, the Court will direct its analysis to the remaining factors, “giving weight to the heavy presumption favoring the exercise of jurisdiction.” Villa Marina I, 915 F.2d at 13.

Order in Which Jurisdiction Was Obtained

With regard to this factor, the Supreme Court has advised that it should “be applied in a pragmatic, flexible manner with a view to the realities of the case at hand.

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Related

Quackenbush v. Allstate Insurance
517 U.S. 706 (Supreme Court, 1996)
Oscar Cruz v. Melecio
204 F.3d 14 (First Circuit, 2000)
Fuller Company v. Ramon I. Gil, Inc.
782 F.2d 306 (First Circuit, 1986)
Damaris Gonzalez v. Migdalia Cruz
926 F.2d 1 (First Circuit, 1991)
William A. Burns v. Jamie N. Watler, Etc.
931 F.2d 140 (First Circuit, 1991)
Villa Marina Yacht Sales, Inc. v. Hatteras Yachts
947 F.2d 529 (First Circuit, 1991)
Fumero-Vidal v. First Federal Savings Bank
788 F. Supp. 1275 (D. Puerto Rico, 1992)
Arroyo v. K-Mart, Inc.
24 F. Supp. 2d 169 (D. Puerto Rico, 1998)
Villa Marina Yacht Sales, Inc. v. Hatteras Yacht
503 U.S. 986 (Supreme Court, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
97 F. Supp. 2d 204, 2000 U.S. Dist. LEXIS 6809, 2000 WL 621132, Counsel Stack Legal Research, https://law.counselstack.com/opinion/soto-lebron-v-m-g-food-service-inc-prd-2000.