Fru-Con Construction Corporati v. Smud

FILED NOT FOR PUBLICATION AUG 19 2010

MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

FRU-CON CONSTRUCTION No. 09-17078 CORPORATION, a Missouri corporation,

D.C. No. 2:05-cv-00583-LKK- Plaintiff - Appellant, GGH and

MEMORANDUM * TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,

Plaintiff, v. SACRAMENTO MUNICIPAL UTILITY DISTRICT, a municipal utility district,

Defendant - Appellee.

FRU-CON CONSTRUCTION No. 09-17123 CORPORATION, a Missouri corporation,

D.C. No. 2:05-cv-00583-LKK- Plaintiff, GGH and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,

Plaintiff - Appellant, v. SACRAMENTO MUNICIPAL UTILITY DISTRICT, a municipal utility district,

Defendant - Appellee.

Appeal from the United States District Court for the Eastern District of California Lawrence K. Karlton, Senior District Judge, Presiding

Argued and Submitted July 14, 2010 San Francisco, California

Before: FERNANDEZ, W. FLETCHER and TALLMAN, Circuit Judges.

Plaintiffs-Appellants appeal the district court’s order issuing a stay pursuant to Colorado River Water Conservation District. v. United States, 424 U.S. 800 (1976). We affirm.

The district court did not abuse its discretion given that a jury verdict had been reached in the parallel state court proceedings, that the claims arise under state law, and that the state court proceedings were adequate to protect the interests of the parties. See Nakash v. Marciano, 882 F.2d 1411, 1413-15 (9th Cir. 1989). AFFIRMED.