Can a second action be dismissed because it includes the same parties and seeks the same relief?

MultiRegion, United States of America

The following excerpt is from Thielmann v. MF Global Holdings, Ltd. (In re MF Global Holdings, Ltd.), Adv. Proc. No. 11-02880 (MG), Adv. Proc. No. 11-02921 (MG), Case No. 11-15059 (MG) (Bankr. S.D.N.Y. 2012):

vindicate the same rights." James v. AT&T Corp., 334 F. Supp. 2d 410, 411 (S.D.N.Y. 2004) (finding that a second action should be dismissed because it included the same parties and sought the same relief and was only filed to correct a procedural flaw). Moreover, as in James, "[t]he issues and facts to be determined, the witnesses and evidence required, and the relief requested, are exactly the same." Id.

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