Cammarata

I. BACKGROUND

22 Plaintiff Frank S. Cammarata first brought suit against Defendants Kelly Capital, 23 LLC and Michael R. Kelly (collectively, “Kelly”) in the United States District Court for 24 the District of New Jersey, alleging Kelly failed to pay him for commissions due on the 25 sale of a financial asset that purportedly occurred on July 16, 2020. Mot., ECF No. 99, 6. 26 Kelly successfully argued for the case to be dismissed based on lack of personal 27 jurisdiction. Id. Thereafter, Kelly moved for attorney’s fees in the District of New Jersey 28 for defending the action through the motion to dismiss. Id. at 6-7. While Kelly’s motion for attorney’s fees was pending, Cammarata filed another lawsuit against Kelly in this Court. Compl., ECF No. 1. This suit, brought on tort and contract theories, also alleged failure to pay a commission due following the sale of the financial asset on July 16, 2020. Id. at ¶ 29. Thereafter, the New Jersey court denied Kelly’s motion for attorney’s fees, reasoning that because it lacked personal jurisdiction over Kelly it also lacked the ability to award Kelly attorney’s fees. Mot., ECF No. 99. The New…