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S.D.N.Y.Procedural orderFiled Feb. 19, 2021

Piller Power Systems, Inc. v. Jurek

Judge
Ronnie Abrams
Docket
1:21-cv-00793
Court
U.S. District Court · Southern District of New York
Pages
5
Civil ProcedureContract
In one sentence

In Piller Power Systems v. Jurek, Judge Abrams stayed the case while the Southern District of California resolves a motion in the related earlier-filed action.

Who this affects

Piller Power Systems, Inc. and Justin Jurek; the New York case is paused while the Southern District of California considers Piller’s motion to dismiss the related action.

What happened

Piller Power Systems, Inc. v. Jurek concerns two lawsuits about whether Justin Jurek violated an agreement involving trade secrets, proprietary information, and competition after leaving Piller Power. The California case was filed first, and the New York case was later removed to the Southern District of New York.

Jurek asked the New York court to pause its case because the California case involves the same parties, agreement, and facts. He argued that the California court was the proper forum to decide whether the dispute should proceed there.

Judge Ronnie Abrams granted the request and stayed the New York case while the Southern District of California resolves Piller’s motion to dismiss the related action. The parties must submit a joint status letter within one week after that decision, and the scheduled pretrial conference was adjourned indefinitely.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Piller Power Systems, Inc. v. Jurek · No. 1:21-cv-00793
Judge
Ronnie Abrams
Date
Feb. 19, 2021

Background

The dispute concerns Piller Power’s allegations that Justin Jurek, a former employee, violated a “Trade Secrets and Proprietary Information Covenant and Non-Compete Agreement.” The allegations involve Jurek’s work for a competitor and comments he allegedly made about Piller’s products to Blue Origin, Inc. The opinion states that Jurek worked for Piller from November 2010 through July 3, 2020 and then began working for HiTec Power Protection, Inc. in California on July 6, 2020.

Jurek first filed a declaratory-relief action in San Diego Superior Court on November 18, 2020, seeking to determine his obligations under the agreement. Piller removed that case to the U.S. District Court for the Southern District of California on January 27, 2021. On the same day, Piller filed a separate breach-of-contract action in New York state court, which Jurek removed to the Southern District of New York.

Request for a stay

Jurek asked the New York court to stay, or pause, this case because the California action was filed first and concerns the same parties, agreement, and facts. He argued that the first-filed California action was the appropriate proceeding for deciding whether the dispute should remain there. The opinion states that Piller had filed a motion in the California action seeking dismissal or, alternatively, transfer of that action to the Southern District of New York.

Ruling

Judge Ronnie Abrams granted the request for a stay. The court stayed this case pending resolution of Piller’s motion to dismiss the related California action. The court also ordered the parties to submit a joint status letter within one week after the California court resolves that motion, including a copy of the decision and a proposed course for this case. The pretrial conference scheduled for February 26, 2021, was adjourned indefinitely.

The ruling relied on the first-filed rule, a general principle that when two substantially similar lawsuits are pending, the court where the first lawsuit was filed ordinarily has priority. The order addressed which case should proceed first and did not decide whether Jurek violated the agreement.

The authoritative version

Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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