Judge Edgardo Ramos
Property management firm Dalzell occupied offices in Bardonia’s building, and provided management services to Bardonia. Its Aug. 12, 2011, federal suitalleging violations of the Computer Fraud and Abuse Act and state law claims including trespasses to chattel and landarose from its allegedly wrongful eviction by Bardonia. Bardonia’ Aug. 16 state actioncharging Dalzell and others with, among other things, breaches of fiduciary duty and contract, and mismanagement and wastesought restored access to Dalzell’s offices, and return of documents. District court denied Bardonia’s motion to dismiss Dalzell’s complaint under the Colorado River abstention doctrine. In addition to determining that the state and federal actions were not parallel the court, discussing the six factors enumerated in Woodford v. Cmty. Action Agency of Greene County, found dismissal not required. No "exceptional circumstance" for Colorado River abstention was present, and none of the six Colorado River factors favored abstention. Among others, The absence of a res or property over which either court could assume jurisdictionand the equal convenience of the state and federal courtfavored retention of federal jurisdiction.
