U.S. Court of Appeals for the Ninth Circuit, 2018

Midland Innovations, Nv v. Wen Wang

Midland Innovations, Nv v. Wen Wang
U.S. Court of Appeals for the Ninth Circuit · Decided February 23, 2018 · Leavy, Fernandez, Murguia
713 F. App'x 646

Midland Innovations, Nv v. Wen Wang

Opinion

MEMORANDUM **

Midland Innovations, NV, appeals from the district court’s order dismissing its diversity action alleging state law violations. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion a dismissal of an action as duplicative. Adams v. Cal. Dep’t of Health Servs., 487 F.3d 684, 688 (9th Cir. 2007), overruled on other grounds by Taylor v. Sturgell, 553 U.S. 880, 904, 128 S.Ct. 2161, 171 L.Ed.2d 155 (2008). We affirm.

The district court did not abuse its discretion in dismissing Midland’s action on the basis that the instant action is duplica-tive of an earlier-filed action, Midland Innovations, NV v. Weiland International Inc., et al., No. 4:07-mc-80257-CW. See id. at 689 (explaining that an action is duplica-tive if “the causes of action and relief sought, as well as the parties ... to the action, are the same” and setting forth criteria for the “transaction test” to determine whether the causes of action are the same).

Midland’s Motion for Judicial Notice (Docket Entry No. 9) and Chen’s Motion for Judicial Notice (Docket Entry No. 20) are granted.

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

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