Co., 517 U.S. 706, 716 (1996) (citing County of Allegheny v. Frank Mashuda Co., 360 U.S. 185, 189 (1959)). Abstention may be “warranted by considerations of proper constitutional adjudication, regard for federal-state relations, or wise judicial administration.” Id. Colorado River abstention permits a federal court to abstain from exercising jurisdiction over a matter in deference to a state court suit regarding similar claims and allegations. Colorado River Water Conservation District v. United States, 424 U.S. 800, 813, 817 (1976).
The Ninth Circuit has enumerated an eight-part test for whether Colorado River abstention is warranted, stressing that the factors are “not a mechanical checklist,” with some factors that “may not have any applicability to a case.” Seneca Ins. Co., Inc. v. Strange Land, Inc., 862 F.3d 835, 841–42 (9th Cir. 2017). The factors are: (1) which court first assumed jurisdiction over any property at stake; (2) the inconvenience of the federal forum; (3) the desire to avoid piecemeal litigation; (4) the order in which the forums obtained jurisdiction; (5) whether federal law or state law provides the rule of decision on the merits; (6) whether the state court proceedings can adequately protect the rights of the federal litigants; (7) the desire to avoid forum shopping; and (8) whether the state court proceedings will resolve all issues before the federal court. Id.
Factors two through seven all support abstaining from this case.[1] To begin, this federal forum is less convenient than the state forum, considering the state election law violations alleged, the claims are brought against state actors, and the interplay of state election law. Moreover, the present suit reflects the very essence of “piecemeal litigation,” with many of the same parties and attorneys litigating related matters in both forums. As to the primacy of cases, this case was the last filed case. All of the state court litigation filed related to the election preceded this action. As to the nature of the claims, while Plaintiffs bring their claims under federal laws, the crux of their arguments, and the statutes upon which they rely, involve Arizona election law and the election procedures carried out at the county and state level by state officials. The state courts are adequately equipped to
- ↑ The Court finds that the first factor is not relevant to the facts alleged herein.
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