NATIONWIDE BIWEEKLY ADMINISTRATION, INC. v. OWEN

Nos. 15-16220, 15-16253.

873 F.3d 716 (2017)

NATIONWIDE BIWEEKLY ADMINISTRATION, INC., an Ohio corporation, Plaintiff-Appellant, v. Jan Lynn OWEN, in her official capacity as Commissioner of the Department of Business Oversight for the State of California, Defendant-Appellee. Loan Payment Administration LLC; Daniel Lipsky; Nationwide Biweekly Administration, Inc., Plaintiffs-Appellants, v. John F. Hubanks, Deputy District Attorney, Monterey County District Attorney's Office, in his official capacity; Andres H. Perez, Deputy District Attorney, Marin County District Attorney's Office, in his official capacity; Monterey County District Attorney's Office, a County agency; Marin County District Attorney's Office, a County agency, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 10, 2017.


Attorney(s) appearing for the Case

Benjamin M. Flowers (argued), Jones Day, Columbus, Ohio, for Plaintiff-Appellant Nationwide Biweekley Administration, Inc.

Amanda R. Parker (argued), Jones Day, Cleveland, Ohio; Bruce E. H. Johnson , Davis Wright Tremaine LLP, Seattle, Washington; Thomas R. Burke , Nicolas A. Jampol , and Diana Palacios , Davis Wright Tremaine LLP, San Francisco, California; for Plaintiffs-Appellants Loan Payment Administration LLC, Daniel Lipsky, and Nationwide Biweekly Administration, Inc.

Lucy F. Wang (argued), Assistant Attorney General; Joyce E. Hee , Supervising Deputy Attorney General; Diane S. Shaw , Senior Assistant Attorney General; Xavier Becerra , Attorney General; Office of the Attorney General, San Francisco, California; for Defendant-Appellee Jan Lynn Owen.

Brian Charles Case (argued), Deputy County Counsel, Office of County Counsel, County of Marin, San Rafael, California; William M. Litt , Deputy County Counsel; Charles J. McKee , County Counsel; Office of County Counsel, County of Monterey, Salinas, California; for Defendants-Appellees John F. Hubanks, Andres H. Perez, Monterey County District Attorney's Office, and Marin County District Attorney's Office.

Dissent by Judge Montgomery.


OPINION

In these cases, we reaffirm the obligation of the federal courts to exercise their jurisdiction in the absence of a valid justification for not doing so. Specifically, we find that the cases had proceeded beyond the "embryonic stage" in the District Court before the corresponding state cases were filed...

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