Day
Day v. GEICO Casualty Company
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 6 JESSICA DAY, Case No. 21-cv-02103-BLF
Plaintiff,
ORDER RE ABSTENTION
v.
GEICO CASUALTY COMPANY, et al., Defendants.
12 On October 12, 2022, GEICO submitted a notice of supplemental authority to the Court. ECF No. 113; see Torrez v. Infinity Ins. Co. et al., No. 2:22-cv-05171-SVW-JC, 2022 WL 6819848 (C.D. Cal. Oct. 11, 2022). On October 31, 2022, the Court issued an Order requiring the parties to submit briefing on the issue of whether the Court should use its discretion to abstain from exercising its equitable power in this case as was done in Torrez. ECF No. 117. GEICO filed a brief asking the Court to abstain. ECF No. 126 (“GEICO Brief”). Plaintiff filed a brief opposing equitable abstention. ECF No. 125 (“Pl. Brief”). The Court declines to abstain from exercising its jurisdiction in this case. The Court notes that there is no motion currently pending before it on this question. But…