Pullman Arms Inc. v. Healey
Pullman Arms Inc. v. Healey
Opinion of the Court
Pullman Arms, Inc., Guns and Gear, LLC, Paper City Firearms, LLC, and National Shooting Sports Foundation, Inc. ("Plaintiffs") brought this action to challenge the Enforcement Notice issued by Attorney General Healey. Attorney General Healey now moves to stay this litigation pursuant to *120Colorado River Water Conservation District v. United States ,
Background
In July 2016, Attorney General Healey informed the public of her plan to enforce the Commonwealth's Assault Weapons Ban, which prohibits the possession and sale of "copies or duplicates" of certain enumerated weapons. See Mass. Gen. L. c. 140, §§ 121 ; 131M. She issued a public Enforcement Notice, which applied prospectively, to provide "guidance on the identification of weapons that are 'copies' or duplicates' of the enumerated Assault weapons that are banned under Massachusetts law." (Docket No. 15-7, at 2).
On September 22, 2016, Plaintiffs filed this action challenging the Enforcement Notice. On January 10, 2017, the Attorney General moved to dismiss. (Docket No. 22). On March 14, 2018, this Court denied the motion in part, and granted it in part. Pullman Arms v. Healey ,
Attorney General Healey then took an interlocutory appeal regarding the dismissal of state law claims. When Plaintiffs' counsel stipulated at oral argument that Plaintiffs would not pursue any state law claims, the First Circuit dismissed the appeal "[b]ased upon the representation of the plaintiffs-appellees, made in open court, that they are not pursing any state-law claims in the underlying action" Judgement, Pullman Arms v. Healey , First Cir. No. 18-1331.
In August 2018, while the First Circuit appeal was pending, Baystate Firearms and Training, LLC and Downrange Inc. filed a lawsuit in the Supreme Judicial Court for Suffolk County against Attorney General Healey asserting a Declaratory Judgment Act claim under Mass. Gen. L. c. 231A. In that lawsuit, the plaintiffs contend that the Enforcement Notice is not advisory but rather constitutes a regulation promulgated without the requisite public hearing and comment period. See Mass. Gen. L. c. 30A, § 2(a). On October 25, 2018, the Single Justice requested supplemental briefing on whether the claim was "ripe for review" and "whether the enforcement notice identified in the plaintiff's complaint should be subject to pre-enforcement judicial review." (Docket No. 67-2, at 2-3). On December 20, 2018, the Single Justice transferred the case to the Massachusetts Superior Court pursuant to Mass. Gen. L. c. 221, § 4A. See Docket No. 67-3. The case is now pending in Suffolk Superior Court.
On February 7, 2019, Attorney General Healey moved to stay these proceedings pursuant to the Colorado River abstention doctrine. (Docket No. 67).
Legal Standard
Parallel litigation in state court is not sufficient to merit abstention in federal court. See McClellan v. Carland ,
This obligation, however, "is not infinite."
*121Nazario-Lugo v. Caribevisión Holdings, Inc. ,
"The crevice in federal jurisdiction that Colorado River carved is a narrow one." Id. at 27. Thus, "[a]bdication of the obligation to decide cases can be justified under the doctrine only in the exceptional circumstances where the order of the parties to repair to the state court would clearly serve an important countervailing interest." Colorado River Water Conservation District v. United States ,
"An evolving list of factors exists to aid in discerning whether a particular case involves exceptional circumstances that tip a scale heavily weighted in favor or the exercise of federal jurisdiction." Nazario-Lugo ,
(1) whether either court has assumed jurisdiction over a res; (2) the geographical inconvenience of the federal forum; (3) the desirability of avoiding piecemeal litigation; (4) the order in which the forums obtained jurisdiction; (5) whether state or federal law controls; (6) the adequacy of the state forum to protect the parties' interests; (7) the vexatious or contrived nature of the federal claim; and (8) respect for the principles underlying removal jurisdiction.
Jiménez ,
Discussion
Before addressing the above factors, I must determine whether the state and federal proceedings are sufficiently parallel. See IFC Interconsult, AG v. Safeguard Int'l. Partners ,
The First Circuit has noted that parallel cases do not require "perfect identity of issues." Villa Marina Yacht Sales, Inc. v. Hatteras Yachts ,
*122Indeed, several courts have held that parallel litigation requires substantially the same parties and issues in the two forums. See, e.g., Bankart v. Ho ,
I find that these cases are not sufficiently parallel to invoke Colorado River . "First, and most simply, the parties are different." Adkins v. VIM Recycling, Inc. ,
This Court already determined at the motion to dismiss stage that the Enforcement Notice is "regulatory in effect" under F.C.C. v. Fox Television Stations, Inc. ,
Further, it is not clear if the state court's holding will resolve this action, which renders the case inappropriate for a stay under Colorado River. See Moses H. Cone ,
Specifically, if the state court determines the Enforcement Notice is an advisory it would not affect Plaintiffs' vagueness claim.
Conclusion
Federal courts have a "virtually unflagging obligation ... to exercise the jurisdiction given them." Colo. River ,
SO ORDERED.
This Court is not aware of any cases where a court has found that parallel litigation existed where the plaintiffs in the two cases were entirely different. While Attorney General Healy notes that the plaintiffs in both cases are represented by the same counsel, Plaintiffs' counsel is not relevant to the determination of whether parallel litigation exists. Attorney General Healey noted at the hearing on this motion, and the Court agrees, that having the same counsel may mitigate the danger that Plaintiffs' rights will not be protected in the state proceedings. That consideration, however, is one of the factors to assist the Court in determining whether it should abstain only after the threshold requirement of parallel litigation is satisfied.
The court in Adkins also noted a general alignment of interests between the parties and nonetheless found that because the parties were different parallel litigation did not exist.
Attorney General Healey contends that if the Massachusetts court rules that the Enforcement Notice is an advisory, both of Plaintiffs' constitutional claims would likely fail as a matter of law. (Docket No. 67, at 8). With respect to the vagueness claim, Attorney General Healey contends that she would simply "renew her argument that, under the Supreme Courts' decision in Beckles , the Enforcement Notice (as an advisory) is not subject to pre-enforcement as-applied vagueness challenges." Id. at 8-9. This Court, however, has already addressed and found problems with this argument. See Pullman Arms ,
Indeed, one purpose animating Colorado River is to avoid duplicative litigation and the consequent inefficiencies. Here, however, because the state proceedings may not resolve the issues in this litigation, it is not obvious that abstention would serve the interests of judicial economy.
Reference
- Full Case Name
- PULLMAN ARMS INC. Guns and Gear, LLC Paper City Firearms, LLC Grrr! Gear, Inc. and National Shooting Sports Foundation, Inc. v. Maura HEALEY, Attorney General for the Commonwealth of Massachusetts
- Cited By
- 3 cases
- Status
- Published