Decaires v. Financial Recovery Services of Minnesota, Inc.

Filing 17

ORDER granting 16 Motion to Stay. This case is stayed pending the Eleventh Circuit's resolution of Hunstein v. Preferred Collection & Management Services, Inc., No. 19-14434. Defendant shall notify this Court within fourteen days of the issuance of an opinion by the Eleventh Circuit. The Clerk is directed to administratively close this case. Signed by Judge Wendy W. Berger on 1/7/2022. (MDJ)

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UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
MARIELA DECAIRES,
Plaintiff,
v.

Case No. 6:21-cv-1785-WWB-EJK

FINANCIAL RECOVERY SERVICES
OF MINNESOTA, INC.,
Defendant.

/
ORDER

THIS CAUSE is before the Court on Defendant’s Unopposed Motion to Stay (Doc.
16), wherein Defendant requests that this case be stayed pending the Eleventh Circuit’s
en banc rehearing and decision in Hunstein v. Preferred Collection & Management
Services, Inc., No. 19-14434, which will address whether a plaintiff alleging a claim for
violation of the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692 et seq.,
based on the transmission of personal information to a third-party has Article III standing.
See Hunstein v. Preferred Collection & Mgmt. Servs., Inc., 994 F.3d 1341, 1344 (11th Cir.
2021); Hunstein v. Preferred Collection & Mgmt. Servs., Inc., No. 19-14434,
Memorandum to Counsel or Parties (11th Cir. Nov. 23, 2021). Plaintiff does not oppose
the Motion. (Doc. 16 at 2).
A district court has “broad discretion to stay proceedings,” and a stay may be
justified “pending the resolution of a related case in another court.” Ortega Trujillo v.
Conover & Co. Commc’ns, 221 F.3d 1262, 1264 (11th Cir. 2000) (quotation omitted).
“When ruling on a motion to stay pending the resolution of a related case in another forum,

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district courts must consider both the scope of the stay and the reasons given for the
stay.” Lipford v. Carnival Corp., 346 F. Supp. 2d 1276, 1278 (S.D. Fla. 2004).
Here, Plaintiff’s Complaint (Doc. 1-1) alleges that Defendant violated state and
federal debt collection practices by providing Plaintiff’s personal information to a thirdparty vendor to prepare or transmit a debt collection letter. (Id. ¶¶ 20–22). Plaintiff does
not allege any other basis for liability. (Id. ¶¶ 35, 39). Thus, because Plaintiff’s standing
to assert a claim under the FDCPA has been called into question, the outcome in Hunstein
could be dispositive in this litigation. Having reviewed the pleadings and noting that the
parties agree to the stay of these proceedings, this Court finds that a brief stay of these
proceedings pending the resolution of Hunstein is proper.
Accordingly, it is hereby ORDERED and ADJUDGED as follows:
1. Defendant’s Motion to Stay (Doc. 16) is GRANTED.
2. This case is STAYED pending the Eleventh Circuit’s resolution of Hunstein
v. Preferred Collection & Management Services, Inc., No. 19-14434.
Defendant shall notify this Court within fourteen days of the issuance of an
opinion in the above referenced matter by the Eleventh Circuit and shall
attach a copy of the same to its notice.
3. The Clerk is directed to administratively close this case.
DONE AND ORDERED in Orlando, Florida on January 7, 2022.

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Copies furnished to:
Counsel of Record

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