Young v. Equifax Inc.

Filing 12

ORDER granting 9 Defendant's Motion to Stay or, in the Alternative, for an Extension of Time to Respond to Complaint with Incorporated Memorandum of Law. The matter is STAYED, and the Clerk is directed to add a stay flag to the case. The stay shall remain in effect until such time as the Judicial Panel for Multidistrict Litigation rules on the motion for consolidation and transfer in In re Equifax, Inc., Customer Data Security Breach Litigation, MDL No. 2800 (J.P.M.L. Sept. 11, 2017 ). Plaintiff shall file a status report with the Court advising the Court of the status of the Judicial Panel for Multidistrict Litigation proceedings every 30 days from the date of this Order. Plaintiff is directed to file a notice with the Court once the Judicial Panel for Multidistrict Litigation has issued its ruling. Signed by Magistrate Judge Carol Mirando on 11/16/2017. (KBR)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
KELLY E. YOUNG,
Plaintiff,
v.

Case No: 2:17-cv-538-FtM-38CM

EQUIFAX INC.,
Defendant.
ORDER
This matter comes before the Court upon review of Defendant's Motion to Stay
or, in the Alternative, for an Extension of Time to Respond to Complaint with
Incorporated Memorandum of Law (Doc. 9) filed on October 23, 2017.
On September 28, 2017, Plaintiff Kelly Young filed a complaint against
Defendant alleging negligence and violation of the Fair Credit Reporting Act. Doc.
1. Plaintiff’s Complaint was one of over two-hundred putative class action suits filed
in the wake of Equifax’s data security breach. Doc. 9 at 2. Defendant’s response to
the complaint was due on October 24, 2017. Id. at 2. Prior to the deadline for
Defendant’s response, Defendant filed a motion requesting that the Court stay this
action due to a request for consolidation and transfer under 28 U.S. C. § 1407 in a
related case, McGonnigal v. Equifax, Inc., No. 1:17-cv-03422-WS (N.D. Ga., filed Sept.
7, 2017).

Id.

Defendant states that numerous notices of related actions have

already been filed with the Judicial Panel on Multidistrict Litigation (“JPML”), and
that it is aware of additional cases that have not yet been noticed to the JPML. Id.

Defendant requests a stay of these proceedings pending the JPML’s ruling on the
pending motion for consolidation and transfer. Doc. 9 at 5.
Defendant informs the Court that it has consulted with Plaintiff’s counsel, who
indicated that Plaintiff does not oppose the motion so long as the stay is without
prejudice to Plaintiff’s filing an amended complaint. Id. at 1. To date, Plaintiff has
filed no response opposing Defendant’s motion, and the time to do so has now expired.

See generally, Docs. 1-11.
A district court has broad discretion to stay proceedings to control its own
docket. Clinton v. Jones, 520 U.S. 681, 683 (1997). A stay is proper where its scope
is properly limited and not “immoderate.”

Ortega Trujillo v. Conover & Co.

Communications, Inc., 221 F.3d 1262, 1264 (11th Cir. 2000) (citing CTI–Container
Leasing Corp. v. Uiterwyk Corp., 685 F.2d 1284, 1288 (11th Cir. 1982).

Here,

judicial efficiency is best served by a stay of this action pending the JPML’s ruling on
the pending motion for consolidation and transfer.
ACCORDINGLY, it is hereby
ORDERED:
1.

Defendant's Motion to Stay or, in the Alternative, for an Extension of

Time to Respond to Complaint with Incorporated Memorandum of Law (Doc. 9) is
GRANTED. The matter is STAYED, and the Clerk is directed to add a stay flag to
the case.
2.

The stay shall remain in effect until such time as the Judicial Panel for

Multidistrict Litigation rules on the motion for consolidation and transfer in In re

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Equifax, Inc., Customer Data Security Breach Litigation, MDL No. 2800 (J.P.M.L.
Sept. 11, 2017).
3.

Plaintiff shall file a status report with the Court advising the Court of

the status of the Judicial Panel for Multidistrict Litigation proceedings every 30 days
from the date of this Order.
4.

Plaintiff is directed to file a notice with the Court once the Judicial Panel

for Multidistrict Litigation has issued its ruling.
DONE and ORDERED in Fort Myers, Florida on this 16th day of November,
2017.

Copies:
Counsel of record

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