action is vulnerable to dismissal on jurisdictional or statute of
limitations grounds, the court in the second-filed action
should stay it or transfer it, rather than outright dismiss it.”
This circumstance is precisely the one presented in this case.
Then there are our district courts, the vast majority of
which have applied the first-filed rule by staying the second
case, transferring it, or dismissing it without prejudice.
17 Moore's Federal Practice ¶ 111.13[o][ii][A] (3d ed.).
See Premier Payments Online, Inc. v. Payment Sys.
Worldwide, 848 F. Supp. 2d 513, 523 (E.D. Pa. 2012) (“When
the first-filed rule applies, a court has the option of dismissing
the second-filed case without prejudice, staying it for the
duration of the first-filed case, or transferring it to the forum
where the first-filed case was brought.”); e.g. CTI Sys. SA v.
Herr Indus., Inc., 2015 WL 1073667 (E.D. Pa. 2015)
(dismissal without prejudice, with express leave to re-file if
first court was unable to grant a remedy); Englebert v.
McGraw-Hill Global Educ. Holdings LLC, 2014 WL
3109884 (E.D. Pa. 2014) (stay); Plange v. Christ Hosp., 2014
WL 1790169, at *5 (D.N.J. 2014) (stay); Miller v.
Careminders Home Care, Inc., 2014 WL 1779362, at *4
(D.N.J. 2014) (transfer); DePuy Synthes Sales, Inc. v. Gill,
2013 WL 5816328, at *11 (D.N.J. 2013) (transfer); Synthes,
Inc. v. Knapp, 978 F. Supp. 2d 450, 463 (E.D. Pa. 2013)
(transfer); Inter City Tire & Auto Ctr., Inc. v. Michelin N.
Am., Inc., 2013 WL 5567564, at *3 (D.N.J. 2013) (transfer);
Wheaton Indus., Inc. v. Aalto Scientific, Ltd., 2013 WL
4500321, at *5 (D.N.J. 2013) (transfer); D & L Distribution,
LLC v. Agxplore Int'l, LLC, 959 F. Supp. 2d 757, 772 (E.D.
Pa. 2013) (transfer); Mahmoud v. Rite Aid Corp., 2012 WL