Herrera
Herrera v. National Vision, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 DANIEL HERRERA, on behalf of Case No.: 23-cv-1350-LAB-WVG himself and others similarly situated,
ORDER DISMISSING ACTION
Plaintiff, UNDER FIRST-TO-FILE RULE v. 14 NATIONAL VISION, INC.; and 15 DOES 1 to 100, inclusive, 16 Defendants.
On August 16, 2023, Plaintiff Daniel Herrera and Defendant National Vision, Inc. filed a joint stipulation to stay this class action pending the resolution of an earlier-filed and overlapping action in the Northern District of California entitled Maisnier v. National Vision, Inc., Case No. 22-cv-7859-WHO. (Dkt. 8). The Court found that a stay wouldn’t advance the interests of efficiency or judicial economy, denied the joint stipulation to stay, and ordered the parties to show cause why this action shouldn’t be dismissed or transferred to the Northern District of California under the first-to-file rule. (Dkt. 9 at 5). The parties filed timely responses. (Dkt. 12, 13). Having considered the facts, the parties’ briefing, and the relevant…