Brophy

940 F.2d 1533 Unpublished Disposition NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Lawrence E. BROPHY, Plaintiff-Appellant, v. STERLING ENGINEERED PRODUCTS INC., Defendant-Appellee. 1 No. 90-55147. 2 United States Court of Appeals, Ninth Circuit. Argued and Submitted April 5, 1991. Decided Aug. 6, 1991. 3 Before SCHROEDER and REINHARDT, Circuit Judges, and KING, * District Judge. 4 MEMORANDUM ** 5 At the time of the district court's order dismissing Brophy's California complaint, there was a pending action in Washington brought by Sterling. Brophy sought to have his California complaint transferred to Washington rather than dismissed. Sterling had moved for a transfer as an alternative to its motion to dismiss Brophy's California complaint. The district court denied Brophy's request on the grounds that Brophy still had four days to file his California complaint as a counterclaim in the Washington action and stayed the dismissal order for two weeks to give him time to do…