United States District Court, Southern District of New York
April 8, 2003
TALPA SALES, INC., PLAINTIFF
"R" BEST PRODUCE INC., DEFENDANT.
The opinion of the court was delivered by: Denise Cote, District Judge:
MEMORANDUM OPINION AND ORDER
Defendant "R" Best Produce Inc. ("Best") moves to stay this action during the pendency of a state court action filed by Talpa Sales, Inc. ("Talpa") approximately two months before it sued Best in federal court. As the parties acknowledge, this Court has a "virtually unflagging obligation" to exercise its jurisdiction. Colorado River Water Conservation Dist. v. United States, 424 U.S. 800, 817 (1976). Best has not shown that a stay is warranted.
The federal action contains claims under the Perishable Agricultural Commodities Act, 7 U.S.C. § 499a-499s, which do not appear in the state litigation. Both actions are in their infancy; in neither case has the defendant answered. Moreover, Talpa has moved in state court to discontinue that action.
Best principally argues that the federal suit is an effort by Talpa to consolidate this lawsuit and thereby interfere with a separate lawsuit filed by Best. Whether consolidation is appropriate is a separate matter that can be addressed when all parties have been given an opportunity to be heard.
The motion of "R" Best Produce, Inc., to stay this action is denied.
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