Chen
Chen v. Zhang
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MAY CHEN, Case No. 24-cv-03942-JST
Plaintiff,
ORDER DENYING MOTION TO STAY
v. TRANSFER ORDER
XIYAN ZHANG, et al., Re: ECF No. 33 Defendants.
12 On November 25, 2024, the Court transferred this case to the Southern District of New York pursuant to the first-to-file rule. ECF No. 32. The case was electronically transmitted to the Southern District of New York and entered on the docket of that court on November 26, 2024, as Case No. 24-cv-09050-PAE (S.D.N.Y.). Later that same day, Plaintiff May Chen filed a document entitled “Emergency Motion for Stay of Order Transferring Action to Allow Plaintiff the Opportunity to Request for Permission to File an Interlocutory Appeal under 28 U.S.C. § 1292(B) or File a Writ of Mandamus.” ECF No. 33. This Court lost jurisdiction over this case when it was docketed in the Southern District of New York. See Lou v. Belzberg, 834 F.2d 730, 733 (9th Cir. 1987) (holding that the…