Dist. Ct. did not err in staying under abstention doctrine set forth in Colorado River, 424 U.S. 800, plaintiff’s action seeking to compel defendant to arbitrate parties’ disputes under sales and income agreements, where plaintiff had previously filed similar action in California state court and had filed appeal of said court’s denial of plaintiff’s arbitration demand. Record showed that California and Dist. Ct. actions were genuinely parallel, since they pertained to same parties, same facts and same issues, and Dist. Ct. could properly find that there was great risk of generating inconsistent results and wasteful duplication by allowing both actions to proceed at same time. Moreover, California action has proceeded to appellate court level and was closer to resolution than instant federal court action. Also, Dist. Ct. could properly find that state court could protect any of plaintiff’s federal rights.
Federal 7th Circuit Court
Civil Court
Abstention