Luster v. Sterling Jewelers, Inc.

Filing 30

ORDER AND OPINION. The stay of this action is LIFTED. Defendant Sterling Jewelers is permitted to file, on or before July 1, 2016, its Motion for Judgment on the Pleadings. Plaintiff shall respond to the motion on or before July 20, 2016. A reply, if any, is required to be filed by Defendant on or before July 29, 2016. Discovery in this action will remain stayed until the Court rules on Defendant's Motion for Judgment on the Pleadings. Signed by Judge William S. Duffey, Jr on 6/13/2016. (bgt)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
FREDERICK LUSTER, on behalf of
himself and all others similarly
situated,
Plaintiff,
v.

1:15-cv-2854-WSD

STERLING JEWELERS, a
Delaware Corporation doing
business as Kay Jewelers,
Defendant.

OPINION AND ORDER
On December 17, 2015, the Court entered an Order [28] granting Defendant
Sterling Jewelers’ (“Defendant”) Motion to Stay [15]. The Court stayed this action
pending the United States Supreme Court’s decisions in Robins v. Spokeo, Inc. and
Campbell-Ewald Co. v. Gomez. The Court required the parties, within twenty-one
(21) days after the Supreme Court decided Robins v. Spokeo, Inc. and CampbellEwald Co. v. Gomez, to advise the Court how the decisions impact the further
processing of this case.

The Supreme Court has issued rulings in both cases.1 On June 6, 2016, the
parties filed their Joint Status Report Regarding Stay [29]. In it, the parties advise
the Court that they agree that the Campbell-Ewald decision does not impact the
proceedings of this case. The parties disagree, however, on whether Spokeo
impacts the case. Defendant believes Spokeo establishes that Plaintiff does not
have standing to litigate this action and that the case should be dismissed. Plaintiff
Frederick Luster (“Plaintiff”) contends Spokeo does not impact the litigation, but,
if it does, remand rather than dismissal is required.
The parties seek a lift of the stay to permit Defendant to file a Motion for
Judgment on the Pleadings based on Spokeo. The parties agree the stay on
discovery should remain in place until the Court rules on Defendant’s Motion for
Judgment on the Pleadings.
For the foregoing reasons,
IT IS HEREBY ORDERED that the stay of this action is LIFTED.
IT IS FURTHER ORDERED that Defendant Sterling Jewelers is
permitted to file, on or before July 1, 2016, its Motion for Judgment on the

1

The cases are published as follows: Campbell-Ewald Co. v. Gomez, 136 S.
Ct. 633 (2016) and Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016).

2

Pleadings. Plaintiff shall respond to the motion on or before July 20, 2016. A
reply, if any, is required to be filed by Defendant on or before July 29, 2016.
IT IS FURTHER ORDERED that discovery in this action will remain
stayed until the Court rules on Defendant’s Motion for Judgment on the Pleadings.

SO ORDERED this 13th day of June, 2016.

3