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

Filing 51

ORDER STAYING CASE pending the Eleventh Circuit's decision in Johnson v. Midland Funding, LLC, at which time any party may move to lift the stay. Signed by Judge J. Randal Hall on 05/13/2015. (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

LVNV FUNDING,

and

LLC,

*

*
*

Defendants.

*

ORDER

On May 5,

2015, the Court invited the parties in this matter

to file

a response

pending

the

to

Eleventh

the

Circuit

Johnson v. Midland Funding,

2015).

(Doc. 50.)

Court's proposed imposition of a

Court

of

LLC, No.

Appeals'

15-11240

stay

disposition

(11th Cir.

Mar.

of
24,

The Court previously stayed three similar cases

on its docket,1 each of which turns on the interplay between the
Fair

Debt

Collection

Practices

Act

("FDCPA")

and

the

Bankruptcy

Code, particularly in reference to the filing of time-barred proofs
of

claim

previously

in

bankruptcy

stayed,

proceedings.

an affirmance

from

As

the

in

the

Eleventh

Johnson would prove dispositive in this matter.

three

cases

Circuit

in

Neither Plaintiffs

nor Defendants filed a response within the time frame provided,

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.

which indicates to the Court that they do not oppose this proposed
course of action.

It

is

(See Dkt.)

well-established

that

a

district

court

may

stay

proceedings either on its own or on a motion of the parties.
e.g. , Landis v. N. Am. Water Works & Elec. Co., 299 U.S.

(1936).
of

Moreover,

circumstances

Indeed,

a

may

Commc'ns,

stay

controlling

the

248, 254

the Eleventh Circuit has held that "[a] variety
justify a

district

court

stay pending

resolution of a related case in another court."
Conover & Co.

See,

Inc.,

"sometimes
district

221 F.3d 1262,

is

authorized

court's

docket
Even so,

Ortega Trujillo v.

1264

(11th Cir.

simply
and

the.

of

as

a

2000).

means

managing

of

cases

before the district court."

Id.

exercises its discretion to

stay a case pending the resolution of

related proceedings in another forum,
properly the scope of the stay."

Accordingly,
Circuit's

decision

this
in

case

the district court must limit

Id.

shall

Johnson

"[w]hen a district court

v.

be

STAYED pending

Midland

Funding,

the

LLC,

Eleventh
at

which

time any party may move to lift the stay.

ORDER ENTERED at Augusta, Georgia, this

/^^ day of May,

2015.

HONOURABLE J.
UNITED STATES DISTRICT JUDGE
IERN DISTRICT OF GEORGIA