Aliff et al v. Resurgent Capital Services, LP et al

Filing 50

ORDER directing the parties to file a response, if they wish, to the imposition of a stay. Compliance due by 5/12/2015. Signed by Judge J. Randal Hall on 05/05/2015. (thb)

IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION

JAMES ALIFF and SAVANNAH DIANNE

*

McNORRILL,

*

on behalf of

themselves and all

others

similarly situated,

*

*
*

Plaintiffs,

*
*

*

CV

114-198

*

RESURGENT CAPITAL SERVICES and

*

LVNV FUNDING,

*

LLC,

*

Defendants.

*

ORDER

On May 4, 2015, the Court stayed three cases on its docket pending
the Eleventh Circuit Court of Appeals'

decision in Johnson v. Midland

Funding, LLC, No. 15-11240 (11th Cir. Mar. 24, 2015) .x

Upon review, the

Court finds that a stay is equally appropriate in this matter.

as Defendants point out in brief (Doc. 49), Plaintiffs'

Indeed,

argument that

"acceptance" of payments on a time-barred debt constitutes a violation
of the Fair Debt Collection Practices Act

("FDCPA")

separate and apart

from filing the related time-barred proof of claim is identical to that

presented in McNorrill v. Asset Acceptance, LLC, No. l:14-cv-210 (S.D.
Ga. Nov. 7, 2014).

Defendants similarly raise a statute of limitations

defense.

Nevertheless, the Court recognizes that the parties in this matter
have not been afforded an opportunity to respond to the propriety of a

1
v.

Ford v. Quantum3 Group, LLC et al. , No. l:15-cv-031, Doc. 7; McNorrill
Asset Acceptance, LLC, No. l:14-cv-210, Doc. 29; Willis v. Cavalry

Investments, LLC et al., No. l:14-cv-227# Doc.

34.

stay.

For

response,

that

reason,

each party shall

have

SEVEN DAYS

if they wish, to the imposition of a stay.

to

file

a

Failure to file a

response within seven days shall indicate there is no opposition to the
Court's proposed course of action.

ORDER ENTERED at Augusta, Georgia, this

day of May,

HONORftBfcB^jr RAND^t, HALL

UNITED/ STATES DISTRICT JUDGE
SOUTHERN DISTRICT

OF

GEORGIA

2015.