Banks v. Cashcall, Inc. et al

Filing 45

ORDER staying case pending resolution of the interlocutory appeals in Inetianbor v. CashCall, Inc., No. 13-60066-CIV (S.D. Fla. 2013), and in Parnell v. Western Sky Financial, LLC, No. 4:14-cv-24 (N.D. Ga. 2014). The parties are DIRECTED to file a joint status report every ninety (90) days from the date of this Order. Signed by Judge Roy B. Dalton, Jr. on 8/1/2014. (VMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
EDDIE L. BANKS,
Plaintiff,
v.

Case No. 6:14-cv-488-Orl-37TBS

CASHCALL, INC.; and DELBERT
SERVICES CORPORATION,
Defendants.
ORDER
This cause is before the Court on the following:
1.

Defendants’ Motion to Dismiss or, Alternatively, to Compel Arbitration and
Stay or Dismiss the Case, and Memorandum in Support (Doc. 15), filed
April 2, 2014; and

2.

Memorandum of Law in Opposition to Defendants’ Motion to Dismiss or,
Alternatively, to Compel Arbitration and Stay or Dismiss the Case (Doc. 30),
filed April 30, 2014.

On July 11, 2014, the Court held a hearing on Defendants’ motion to dismiss or
compel arbitration. (Doc. 42.) In their filings and in open court, the parties advised that
the precise issues raised in Defendants’ motion are now pending before the U.S. Court
of Appeals for the Eleventh Circuit on interlocutory appeals filed in Inetianbor v. CashCall,
Inc., No. 13-60066-CIV (S.D. Fla. 2013), and in Parnell v. Western Sky Financial, LLC,
No. 4:14-cv-24 (N.D. Ga. 2014). (See Doc. 43, pp. 29–30.) In the interest of judicial
economy as well as the conservation of the parties’ resources, the Court finds that this
action is due to be stayed pending resolution of the aforementioned appeals.

Accordingly, it is hereby ORDERED AND ADJUDGED:
1.

This case is STAYED pending resolution of the interlocutory appeals in
Inetianbor v. CashCall, Inc., No. 13-60066-CIV (S.D. Fla. 2013), and in
Parnell v. Western Sky Financial, LLC, No. 4:14-cv-24 (N.D. Ga. 2014).

2.

The parties are DIRECTED to file a joint status report every ninety (90) days
from the date of this Order and to promptly notify the Court of the U.S. Court
of Appeals for the Eleventh Circuit’s disposition of the aforementioned
appeals.

3.

The Clerk is DIRECTED to terminate Defendants’ Motion to Dismiss or,
Alternatively, to Compel Arbitration and Stay or Dismiss the Case (Doc. 15)
and to administratively close this case. The Court will take the motion under
advisement upon reopening of the case.

DONE AND ORDERED in Chambers in Orlando, Florida, on August 1, 2014.

Copies:
Counsel of Record

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