Ulpio Minucci v. Farouk Agrama, AKA Frank Agrama Harmony Gold Music, Inc. Harmony Gold U.S.A., Inc. Jehan Agrama, AKA Gigi Agrama
Opinion
Opinion
Thompson, J.
PROCEEDINGS IN THE DISTRICT COURT
Ulpio Minucci (“Minucci”) filed suit in the district court alleging a copyright infringement claim and several pendent state claims. The district court dismissed the pendent state claims without prejudice. Minucci then filed the dismissed claims in state court. Thereafter, the defendants (“Agrama”) moved to stay Minucci’s federal copyright claim pending resolution of his state court claims. The district court granted the stay. Minucci appeals. We have jurisdiction under 28 U.S.C. § 1291 . See Silberkleit v. Kantrowitz, 713 F.2d 433, 434 (9th Cir.1983); Moses H. Cone Memorial Hosp. v. Mercury Constr. Corp., 460 U.S. 1, 8-10 , 103 S.Ct. 927, 932-34 , 74 L.Ed.2d 765 (1983). We reverse.
ANALYSIS
In granting the stay, the district court reasoned that if Minucci’s copyright claim were to be tried in federal court, in advance of the state court action, the federal proceeding would “necessarily involve the full exploration and adjudication of all of the factual issues involved in the pendent claims” which the district court had dismissed. Minucci v. Agrama, No. CV-87-2682-IH at 3 (C.D.Cal. Jan. 8, 1988) (memorandum decision). The district court stated…