Brown v. CBS News, Inc.
CourtDistrict Court, District of Columbia
Date FiledOctober 14, 2026
DocketCivil Action No. 2026-2100
JudgeJudge Jia M. Cobb
StatusPublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
SHERECE SHEMEKA BROWN,
Plaintiff,
Case No. 26-cv-2100 (JMC)
v.
CBS NEWS, INC. et al.,
Defendants.
ORDER
In 2025, Sherece Shemeka Brown sued Defendants in New York state court for
employment discrimination under the New York State Human Rights Law and New York City
Human Rights Law. ECF 18 at 7. In May 2026, the state court dismissed the portions of Brown’s
claims premised on conduct in the District of Columbia for lack of subject-matter jurisdiction.
ECF 19 at 6. This meant dismissal of Brown’s claims against most of the individual defendants in
this case. See ECF 18-2 at 13. About a month later, Brown filed this action alleging that
Defendants’ conduct violated 42 U.S.C. § 1981 and the D.C. Human Rights Act. ECF 19 at 7.
Defendants moved for a stay under Colorado River Water Conservation District v. United States,
424 U.S. 800 (1976) or the Court’s inherent equitable authority. ECF 18. For the reasons below,
Defendants’ motion to stay this action pending resolution of the parallel New York state court
proceeding is DENIED.1
1
Unless otherwise indicated, the formatting of citations has been modified throughout this opinion, for example, by
omitting internal quotation marks, emphases, citations, and alterations and by altering capitalization. All pincites to
documents filed on the docket in this case are to the automatically generated ECF Page ID number that appears at the
top of each page.
1
“The Colorado River doctrine . . . permits a federal court to stay or dismiss a federal action
in favor of a concurrent action in state court under exceptional circumstances.” Edge Inv., LLC v.
District of Columbia, 927 F.3d 549, 550 (D.C. Cir. 2019) (quoting Colo. River, 424 U.S. at 813).
In applying the doctrine, courts balance: “[1] which court first assumed jurisdiction over property;
[2] the inconvenience of the federal forum; [3] the desirability of avoiding piecemeal litigation;
[4] . . . the order in which jurisdiction was obtained[;] . . . [5] whether federal or state law
controls[;] and [6] whether the state forum will adequately protect the interests of the parties.” Id.
at 553 (first quoting Moses H. Cone Mem’l Hosp. v. Mercury Constr. Corp., 460 U.S. 1, 15 (1983);
and then citing Handy v. Shaw, Bransford, Veilleux & Roth, 325 F.3d 346, 352 (D.C. Cir. 2003)).
In assessing these factors, the “balance” is “heavily weighted in favor of the exercise of
jurisdiction,” such that a stay or dismissal is warranted in “only truly exceptional circumstances.”
Id. at 554 (first quoting Moses H. Cone, 460 U.S. at 16; and then quoting Hoai v. Sun Refin. &
Mktg. Co., 866 F.2d 1515, 1518 (D.C. Cir. 1989)). The D.C. Circuit takes a very restrictive view
of the doctrine (one that is largely ignored by Defendants). See id. at 553 (noting D.C. Circuit had
“never found . . . circumstances” justifying Colorado River stay).
Defendants primarily argue that a stay is warranted to avoid piecemeal litigation involving
“simultaneous discovery on the same alleged events.” ECF 18 at 18; see also ECF 20 at 7 (“The
actions are . . . inextricably intertwined from a factual-development perspective . . . .”). “But the
mere risk of duplicating efforts and different results is not what the Supreme Court meant by
piecemeal litigation.” Edge, 927 F.3d at 555; see also Hoai, 866 F.2d at 402 (“The mere desire to
resolve all issues involving related facts in one court does not justify depriving [a plaintiff] of
[their] federal forum.”). Instead, the party invoking Colorado River must show a likelihood of
“piecemeal litigation that is abnormally excessive or deleterious.” Edge, 927 F.3d at 556; see also
2
Evans v. Unison Agreement Corp., No. 26-cv-999, 2026 WL 2363615, at *4 (D.D.C. Aug. 14,
2026) (noting Colorado River found risk of piecemeal litigation when federal litigation involved
approximately 1,000 defendant water users and state-court proceeding would “simultaneously
adjudicate[] all . . . water rights”). Defendants’ assertion that “judicial economy alone compels a
stay” is not the law in this Circuit. ECF 20 at 9. And the mere risk of overlapping “discovery on
the same events,” ECF 18 at 18, is not a “truly exceptional circumstance[]” so much as a “garden-
variety” consequence of the federal system, Edge, 927 F.3d at 554, 556.
Defendants also argue that there is no reason to believe “the New York court cannot
adequately protect Plaintiff’s rights.” ECF 18 at 18. That’s true to the extent of Brown’s claims
still before that court. But “it would be a serious abuse of discretion to grant the stay” “if there is
any substantial doubt” “that the parallel state-court litigation would be an adequate vehicle for the
complete and prompt resolution of the issues between the parties.” Moses H. Cone, 460 U.S. at 28
(emphasis added); see also ECF 19 at 11 (“A stay would not avoid piecemeal litigation; it would
guarantee it, in sequence rather than in parallel.”). As Brown points out, her New York action
asserts claims under the New York State Human Rights Law and New York City Human Rights
Law. ECF 19 at 6. Her claims in this matter arise under 42 U.S.C. § 1981 and the D.C. Human
Rights Act. Id. at 4. More importantly, most of the individual Defendants here are no longer parties
to the New York case. Id. at 10. Because this case and the New York case do not involve
“substantially the same parties . . . litigating substantially the same issues,” and will not completely
resolve Brown’s claims, a stay under Colorado River is not available. Saddler v. AMEC Foster
Wheeler Env’t & Infrastructure, Inc., 253 F. Supp. 3d 210, 219 (D.D.C. 2017); see also U.S.
3
Dominion, Inc. v. Herring Networks, Inc., 639 F. Supp. 3d 143, 155 (D.D.C. 2022) (similar); Johns
v. Rozet, 770 F. Supp. 11, 15 (D.D.C. 1991) (similar); Moses H. Cone, 460 U.S. at 28.2
Separately, Defendants seek a stay under the Court’s inherent equitable authority. ECF 18
at 19. Stays issued under a district court’s inherent equitable authority are governed by Landis v.
North American Co., 299 U.S. 248 (1936). See Belize Soc. Dev. Ltd. v. Gov’t of Belize, 668 F.3d
724, 731 (D.C. Cir. 2012). A request for an equitable stay requires the Court to “weigh competing
interests and maintain an even balance between the Court’s interests in judicial economy and any
possible hardship to the parties.” Id. at 732–33 (citing Landis, 299 U.S. at 254–55, 259). A party
seeking such a stay “must make out a clear case of hardship or inequity in being required to go
forward, if there is even a fair possibility that the stay . . . will work damage to some one else.”
Landis, 299 U.S. at 255. In other words, Defendants’ hardship must clearly outweigh the harm to
Brown of “undue delay.” Belize Soc. Dev. Ltd., 668 F.3d at 732. When, as here, the proposed stay
is indefinite, the party seeking it must show a “pressing need.” Id. (stay pending resolution of
parties’ separate litigation was “sufficiently indefinite to require a finding of a pressing need”);
see also Dellinger v. Mitchell, 442 F.2d 782, 787 (D.C. Cir. 1971) (rejecting argument that stay
may be based on “appeal to economy, even in the absence of interference with another
proceeding”).
Defendants primarily argue that discovery in this case “is sure to result in waste of judicial
and party resources,” ECF 18 at 20, because Brown’s operative New York complaint includes
factual allegations about conduct in the District of Columbia, ECF 20 at 10. As Dellinger
2
None of the other Colorado River factors meaningfully advance Defendants’ cause. Defendants do not argue that
time of jurisdiction over property or inconvenience of federal forum favor a stay. ECF 18 at 16–17. There is nothing
“truly exceptional” about the New York court’s small head start. Edge, 927 F.3d at 554, 557. And contrary to
Defendants’ argument that the source-of-law factor tallies in their column, ECF 18 at 18, Brown brings claims under
federal law which “must always be a major consideration weighing against surrender” of jurisdiction. Moses H. Cone,
460 U.S at 26; accord Edge, 927 F.3d at 558.
4
suggested, this bare “appeal to economy,” 442 F.2d at 787, does not present a “clear case of
hardship” or pressing need that outweighs Brown’s interest in promptly litigating her claims,
Landis, 299 U.S. at 255; see also ECF 19 at 14–15 (Brown noting risk that witnesses “will
disperse” and “recollections will fade” during proposed indefinite stay). Defendants’ complaint of
added discovery burden rings all the more hollow when they have signaled, to some extent,
opposition to coordinating discovery between the two cases. See ECF 22 at 4. That may be their
prerogative, but they can hardly complain that it would be inequitable for them to shoulder an
added burden they had a hand in maintaining.
Accordingly, it is
ORDERED that Defendants’ motion to stay this action pending resolution of the parallel
New York state court proceeding, ECF 18, is DENIED.
SO ORDERED.
JIA M. COBB
United States District Judge
DATE: October 14, 2026
5