Milne v. Law Offices of Daniel C. Consuegra, P.L. et al
Filing
13
ORDER granting 11 motion to stay. This case is stayed until such time as a class is certified and Plaintiff opts out, or until such time as class certification is denied. The parties are directed to file a status report regarding the class certification proceedings by December 1, 2015, and every 90 days thereafter. The Clerk is directed to terminate all pending motions and administratively close this case. Signed by Judge Susan C Bucklew on 9/21/2015. (KTW)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
SHEILA MILNE,
Plaintiff,
CASE NO.: 8:15-cv-1132-T-24MAP
vs.
LAW OFFICES OF DANIEL C. CONSUEGRA,
P.L., a Florida Professional Limited Liability
Company, and DYCK-O’NEAL, INC., a Texas
Corporation,
Defendants.
______________________________________________/
ORDER
This Cause comes before the Court on Defendant Law Offices of Daniel C. Consuegra
P.L.’s Motion to Stay and Unopposed Motion for Enlargement of Time to respond to the
Complaint. Dkt. 11. Plaintiff filed a response in opposition to the motion to stay. Dkt. 12. For
the reasons below, the Motion to Stay is granted.
The Court “has broad discretion to stay proceedings as an incident to its power to control
its own docket.” Clinton v. Jones, 520 U.S. 681, 706 (1997); see also Chudasama v. Mazda Motor
Corp., 123 F.3d 1353, 1366-67 (11th Cir. 1997) (stating that district courts “enjoy broad discretion
in deciding how to best manage the cases before them”) (citation omitted).
After a review of the Motion to Stay and the response in opposition thereto, the Court
determines that this action should be stayed. As Plaintiff concedes in her response, she fits the
class definition in Huthsing v. Dyck-O’Neal, Inc. and Law Offices of Daniel C. Consuegra, Case
No. 8:14-cv-02694-T-36JSS, but alleges entitlement to actual damages whereas the plaintiff in that
case does not. Defendant Law Offices of Daniel C. Consuegra P.L. asks that this case be stayed
“until such time as a class is certified and Plaintiff opts out, or until such time as class certification
is denied.” Dkt. 11 at 3.
The Court determines that due to the overlapping nature of these actions, the case shall be
stayed until such time as a class is certified and Plaintiff opts out, or until such time as class
certification is denied. Staying this case will promote judicial efficiency and avoid the risk of
inconsistent rulings. Moreover, this stay is not of indefinite duration.
Accordingly, it is ORDERED and ADJUDGED that:
(1) Defendant Law Offices of Daniel C. Consuegra, P.L.’s Motion to Stay is GRANTED;
(2) This case is stayed until such time as a class is certified and Plaintiff opts out, or until
such time as class certification is denied;
(3) The parties are directed to file a status report regarding the class certification
proceedings by December 1, 2015, and every 90 days thereafter; and
(4) The Clerk is directed to administratively close this case.
DONE AND ORDERED at Tampa, Florida, this 21st day of September, 2015.
Copies furnished to:
Counsel of Record
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