Robertson v. Navient Solutions, LLC

Filing 22

ORDER ATTACHED denying 20 Motion to Stay. Signed by Judge Richard A. Lazzara on 9/22/2017. (CCB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
MICHELLE ROBERTSON,
Plaintiff,
v.

CASE NO. 8:17-cv-1077-26-T-MAP

NAVIENT SOLUTIONS, LLC,
Defendant.
/
ORDER
UPON DUE AND CAREFUL CONSIDERATION of the procedural history of this case,
including the allegations of Plaintiff’s complaint which allege in part that Defendant violated the
Telephone Consumer Protection Act in part by utilizing a prerecorded voice, it is ORDERED AND
ADJUDGED that Defendant’s Motion to Stay Proceedings (Dkt. 20) is denied. The Court aligns itself
with those cases that have denied a stay pending resolution of the ACA Appeal pending before the
District of Columbia Circuit Court of Appeals “when the plaintiff also alleged that the phone calls
contained a prerecorded voice.” Griffin v. Nationstar Mortg. LLC, 2017 WL 3648981, at *2 (S. D.
Miss. Aug. 23, 2017) (citing and quoting Owens-Benniefield v. Nationstar Mortg. LLC, 2017 WL
1426720, at *5 (M. D. Fla. Apr. 21, 2017)).

DONE AND ORDERED at Tampa, Florida, on September 22, 2017.

s/Richard A. Lazzara
RICHARD A. LAZZARA
UNITED STATES DISTRICT JUDGE
COPIES FURNISHED TO:

Counsel of Record