Marshalsteevan

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 TRAVELERS COMMERCIAL Case No. 23-cv-05088-PCP

INSURANCE COMPANY,

8 Plaintiff, ORDER DENYING MOTION TO DISMISS OR STAY v. Re: Dkt. No.

RAJITHA MARSHALSTEEVAN,

11 Defendant.

12 Plaintiff Travelers Commercial Insurance Company has brought this breach of contract action against defendant Rajitha Marshalsteevan seeking to enforce the parties’ purported agreement to settle Ms. Marshalsteevan’s claims after she was seriously injured by a driver insured by Travelers. Ms. Marshalsteevan has moved to dismiss or stay this case out of deference to a pending state court suit between the parties under Colorado River Water Conservation District v. United States, 424 U.S. 800 (1976). The motion is denied and this case may proceed. When there are concurrent actions in state and federal court, “the rule is that the pendency of an action in the state court is no bar to proceedings concerning the same matter in the Federal 21 …