Legal Opinion
Thakkar v. United States
District Court, District of Columbia
Decided May 6, 2019No. CIVIL ACTION NO. 18-cv-11323-MPKPublishedCited by 15 opinions
1Opinion of the Court
IV. Discussion
A. Motion to Dismiss or Stay the Proceedings Due to Nio
Although Plaintiff's claims are not precisely the same as the claims in Nio , Defendants argue that Plaintiff's complaint should be either dismissed or stayed, pending the District of Columbia's resolution of Nio , pursuant to the first-to-file rule. (#15 at 1-2.)
It is undisputed that Nio was the first-filed action. Turning to the other two factors, the similarity of the parties and the similarity of the issues, other federal district courts have noted that "[t]he first-to-file rule 'does not require strict identity of the…
2Cases cited30 opinions
- Federal Crop Ins. Corp. v. MerrillSupreme Court of the United States · 1947
- United States v. LarionoffSupreme Court of the United States · 1977
- Schweiker v. HansenSupreme Court of the United States · 1981
- Boyle v. Hasbro, Inc.Court of Appeals for the First Circuit · 1996
- Immigration & Naturalization Service v. MirandaSupreme Court of the United States · 1982
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3Cited by15 opinions
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- Baughman v. BeterDistrict Court, D. Massachusetts · 2024
- Dassault Systemes SolidWorks Corporation v. Blissera Corp.District Court, N.D. California · 2024
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