Free Motion to Dismiss - District Court of California - California

Case 3:08-cv-00056-IEG-AJB

Document 14

Filed 04/22/2008

Page 1 of 2

1 John H. Gomez (171485) James S. Iagmin (191300) 2 The Gomez Law Firm 625 Broadway, Suite 600 3 San Diego, California 92101 Telephone: (619) 237-3490/Fax: (619) 237-3496 4 Attorneys for Defendants Ryan Baldwin & Jayce Baldwin 5 6 7 8 9 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 08cv0056 IEG (AJB) NOTICE OF MOTION AND DEFENDANTS RYAN BALDWIN AND JAYCE BALDWIN'S MOTION TO DISMISS OR STAY FRCP 12(b)(1, 3, and 6) Judge: Courtroom: Date: Time: Hon. Irma E. Gonzalez 1 June 16, 2008 10:30 a.m.

10 EMPIRE FIRE & MARINE INSURANCE COMPANY, 11 Plaintiff, 12 vs. 13 JAMES A. NGUYEN; BINH HUU 14 NGUYEN; DIANE HOA NGUYEN; RYAN BALDWIN; JAYCE BALDWIN; and DOES 15 1 through 200, 16 17 18 19 20 21 Defendants.

TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD: TAKE NOTICE that on June 16, 2008 at 10:30 a.m., or as soon after as can be heard,

22 in Courtroom 1 of the Federal District Court in and for the Southern District of California, 23 located at 940 Front Street, San Diego, California 92101-8900, Defendants Ryan Baldwin 24 and Jayce Baldwin will move this Court to dismiss, or in the alternative stay, the above 25 captioned case. 26 Defendants Ryan Baldwin and Jayce Baldwin make this motion on the grounds that

27 the above captioned action is duplicative of a currently pending, and previously filed, state 28 court action.
The Gomez Law Firm Attorneys at Law

The Baldwin defendants have sued, among others, defendants James A.

_________________________________________________________________________________________ Notice of Motion and the Baldwin Defendants' 08cv0056 IEG (AJB) Motion for Dismissal or Stay page 1

Case 3:08-cv-00056-IEG-AJB

Document 14

Filed 04/22/2008

Page 2 of 2

1 Nguyen, Binh Huu Nguyen, and Diane Hoa Nguyen in the Superior Court of California, in and 2 for the County of San Diego (case no. 37-2007-00081572-CU-PO-CTL, filed November 13, 3 2007), for injuries and damages suffered when Ryan Baldwin was shot. The Baldwins allege 4 that James Nguyen shot Ryan Baldwin. The Baldwins further allege that Binh Huu Nguyen 5 and Diane Hoa Nguyen are the parents of James Nguyen and were negligent in their failure 6 to recognize their son's violent propensities and to supervise and control him. The Nguyens 7 have appeared and are actively participating in the state court litigation. 8 The Baldwins would suffer undue prejudice, in the form of costly, duplicative litigation,

9 if plaintiff Empire Fire & Marine Insurance Company's pending Declaratory Relief action is 10 permitted to proceed. The Nguyen's counsel in the state court action has propounded

11 voluminous written discovery on the Baldwins and has noticed their depositions. It is clear 12 that the Nguyens are aggressively defending themselves in the pending state court action. It 13 has become equally clear that discovery in this federal court action will in many respects 14 duplicate the state court discovery. For these reasons, defendants Ryan Baldwin and Jayce 15 Baldwin respectfully request that this Court dismiss or stay this federal court pending the 16 resolution of the state court case. 17 The Baldwins base their motion on this Notice, as well as the Memorandum of Points

18 & Authorities, Declaration of James S. Iagmin, and Notice of Lodgment, filed and served in 19 support this motion, as well as on the entire court file. 20 Dated: April 22, 2008 21 22 23 24 25 26 27 28
The Gomez Law Firm Attorneys at Law

THE GOMEZ LAW FIRM By: /s/ James S. Iagmin_ James S. Iagmin, Esq. Attorneys for Defendants Ryan Baldwin and Jayce Baldwin [email protected]

_________________________________________________________________________________________ Notice of Motion and the Baldwin Defendants' 08cv0056 IEG (AJB) Motion for Dismissal or Stay page 2