McNealy-Minor
McNealy-Minor v. Bourne
Opinion
trial_court Opinion
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 8 SUSAN MCNEALY-MINOR, Case No. 20-cv-02338-VKD
9 Plaintiff,
ORDER GRANTING DEFENDANT’S
10 v. MOTION TO DISMISS
11 STEPHEN BOURNE, Re: Dkt. No. 8 Defendant. 12
13 14 Plaintiff Susan McNealy-Minor sues defendant Stephen Bourne for alleged breach of 15 contract. Invoking the first-to-file rule, Mr. Bourne now moves to dismiss this action in favor of 16 his lawsuit against Ms. McNealy-Minor pending in the Eastern District of North Carolina. 17 Alternatively, he moves to stay the present action or to transfer it to North Carolina. Ms. 18 McNealy-Minor opposes the motion. Upon consideration of the moving and responding papers, 19 as well as the arguments presented at the June 16, 2020 hearing, the Court grants Mr. Bourne’s 20 motion to dismiss.1 21 I. BACKGROUND 22 This action arises out of the termination of the parties’ romantic relationship. According to 23 Ms. McNealy-Minor’s complaint, the parties met…