Arnold v. New York Life Insurance Company

United States District Court for the Northern District of California

Arnold v. New York Life Insurance Company

Trial Court Opinion

1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 MARIE ENCAR ARNOLD, Case No. 24-cv-08073-EKL 7 Plaintiff, y. ORDER RE DISMISSAL Re: Dkt. No. 2 9 NEW YORK LIFE INSURANCE COMPANY, et al., 10 Defendants. 11 12 Plaintiff filed this action in pro se. ECF No. 1. Court records indicate that Plaintiff 5 13 already has a related case before the Court with claims arising from the same insurance policies 14 and seeking the same relief. See Arnold v. New York Life Ins. Co., No. 24-cv-6941-EKL. This 15 case 1s duplicative. See Adams v. Cal. Dep’t of Health Servs.,

487 F.3d 684

, 688 (9th Cir. 2007) 16 || (noting that plaintiffs have “no right to maintain two separate actions involving the same subject 3 17 matter at the same time in the same court and against the same defendant.” (citation omitted)). 18 The Court has reviewed the claims in the earlier filed case, which it recently dismissed with leave 19 || to amend. Plaintiff may pursue her claims in that case if she chooses to amend the complaint. 20 For the foregoing reasons, this case is DISMISSED as duplicative. The pending motion 21 for leave to proceed in forma pauperis is VACATED. ECF No. 2. No fee is due. The Clerk is 22 || requested to close this case. 23 IT IS SO ORDERED. 24 || Dated: February 25, 2025 25 26 Eumi K. Lee 27 United States District Judge 28

Reference

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