Nguyen v. LVNV Funding, LLC et al

Filing 106

ORDER STAYING CASE. Case stayed pending the Ninth Circuit's ruling. Signed by Judge Larry Alan Burns on 9/20/2017.(lrf)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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TONY NGUYEN,

CASE NO. 15cv758-LAB (RBB)
Plaintiff,

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ORDER STAYING ACTION

vs.
LVNV FUNDING, LLC, et al.,
Defendants.
Tony Nguyen sued Defendants under the Fair Debt Collection Practices Act for
allegedly filing time-barred state collection actions against him. Last year, the Court granted
summary judgment in a similar suit brought by Nguyen’s attorney against LVNV Funding.
See Ordinario v. LVNV Funding, LLC, 2016 WL 852843 (S.D. Cal. Mar. 4, 2016). Nguyen’s
counsel appealed. The case has been fully-briefed for a year and the Ninth Circuit may hear
oral argument on the issues this December.
Courts have broad discretion to stay cases pending the resolution of “proceedings

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which bear upon the case.” Leyva v. Certified Grocers, 593 F.2d 857, 863 (9th Cir. 1979).

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Ordinario held that plaintiffs who waive statute of limitations defenses in California courts

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can’t file FDCPA actions premised on statute of limitations violations in federal courts. If the
Ninth Circuit agrees, then that ruling will govern this case as well. Since this case is fullybriefed, there’s no harm in waiting a few more months for the Ninth Circuit to weigh-in.

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Pending the Ninth Circuit’s ruling in Ordinario v. LVNV Funding, the case is STAYED.

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IT IS SO ORDERED.
Dated: September 20, 2017

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HONORABLE LARRY ALAN BURNS
United States District Judge