Opinion
20-17496
02-24-2022
NEELU PAL, MD, Plaintiff-Appellant, v. JACLYN HAFTER, in her individual capacity and as Trustee of Estate of Jacob Hafter, Hafter Family Trust, Jacob Hafter Trust, and Hafter Childrens Trust; BRANDON PHILLIPS, in his individual and as Trustee of Estate of Estate of Jacob Hafter, Hafter Family Trust, Jacob Hafter Trust; ESTATE OF JACOB HAFTER; HAFTER FAMILY TRUST; JACOB HAFTER TRUST; HAFTER CHILDREN'S TRUST; ALEXANDER G. LEVEQUE, Esq.; JOSHUA M. HOOD, Esq.; LAW FIRM OF SOLOMON DWIGGINS AND FREER LTD., Defendants-Appellees.
NOT FOR PUBLICATION
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Appeal from the United States District Court for the District of Nevada D.C. No. 2:20-cv-01257-JAD-DJA Jennifer A. Dorsey, District Judge, Presiding
Before: FERNANDEZ, TASHIMA, and FRIEDLAND, Circuit Judges.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
Neelu Pal, MD, appeals pro se from the district court's order staying her diversity action under Colorado River Water Conservation District v. United States, 424 U.S. 800(1976). We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion a district court's decision to stay under Colorado River, and we review de novo whether the facts of a particular case conform to the requirements for a Colorado River stay. R.R. St. & Co. Inc. v. Transport Ins. Co., 656 F.3d 966, 973 (9th Cir. 2011). We affirm.
The district court properly stayed Pal's action under the Colorado River doctrine in light of Pal's parallel state court litigation because, on balance, the factors weighed in favor of abstention. See Seneca Ins. Co., Inc. v. Strange Land, Inc., 862 F.3d 835, 842 (9th Cir. 2017) (explaining the Colorado River factors).
Appellees' motion for judicial notice (Docket Entry No. 14) is denied as unnecessary.
AFFIRMED.