Gomez et al v. Law Offices of Daniel C. Consuegra, P.L. et al

Filing 32

ORDER granting 24 motion to stay. Signed by Judge Virginia M. Hernandez Covington on 9/18/2015. (DRW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
EDUARDO GOMEZ, ET AL.,
Plaintiff,
v.

Case No. 8:15-cv-1494-T-33TBM

LAW OFFICES OF DANIEL C.
CONSUEGRA, P.L., ET AL.,
Defendants.
_______________________________/
ORDER
This matter comes before the Court pursuant to Defendant
Law Offices of Daniel C. Consuegra, P.L.’s Motion to Stay
filed on August 28, 2015. (Doc. # 24). Plaintiffs Eduardo
Gomez and Martha Tello filed a response in opposition on
September 9, 2015. (Doc. # 30). For the reasons that follow,
the Motion to Stay is granted.
Analysis
This 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)
(citation omitted) (stating

district

1

courts “enjoy broad

discretion in deciding how to best manage the cases before
them”).
After reviewing the Motion to Stay and the response
thereto, the Court determines that this action should be
stayed. As Gomez and Tello concede in their response, they
fit the class definitions in Case Nos. 8:15-cv-571-JSM-AEP
and 9:15-cv-80261-WPD. (Doc. # 30 at 3) (stating “Plaintiffs
fit the Lopez class definition” and “Plaintiffs fit the Cruz
class definition”). Furthermore, Consuegra seeks a stay of
this action only “until such time as a class is certified and
Plaintiffs

opt

out,

or

until

such

time

as

the

class

certification is denied.” (Doc. # 24 at 3).
In light of the overlapping nature of these actions,
staying the instant action until such time as a class is
certified and Gomez and Tello opt out, or until such time as
class

certification

is

denied,

will

promote

judicial

efficiency and avoid the risk of inconsistent rulings. In
addition, such a stay is not of immoderate or indefinite
duration.
Accordingly, it is now
ORDERED, ADJUDGED, and DECREED:
(1)

Defendant Law Offices of Daniel C. Consuegra, P.L.’s
Motion to Stay (Doc. # 24) is GRANTED.
2

(2)

This case is stayed until such time as a class is
certified and Plaintiffs Gomez and Tello opt out, or
until such time as class certification is denied.

(3)

The Clerk is directed to administratively close this
case.

(4)

The

parties

are

directed

to

file

a

status

report

regarding the class action proceedings on or before
December 1, 2015, and every 90 days thereafter.
(5)

The mediation conference scheduled for October 16, 2015,
is cancelled.
DONE and ORDERED in chambers in Tampa, Florida, this

18th day of September 2015.

Copies to: All Counsel of Record

3