Willis v. Cavalry Investments, LLC et al

Filing 60

ORDER granting 55 Motion to Stay, and staying this case pending the Supreme Court's decision in "Johnson"; and denying Plaintiffs' alternative request that the Court require the Defendants to deposit the funds collected in the bankruptcy proceedings into a court-controlled account. Signed by Judge J. Randal Hall on 12/9/16. (cmr)

IN THE UNITED
FOR THE

STATES DISTRICT COURT

SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION

EVADNE S.

FORD,

on behalf of

herself and all

*

others

similarly situated,

*

*

Plaintiff,
CV

QUANTUM3 GROUP,
PORTFOLIOS,

114-210

CV

114-227

LLC and GALAXY

LLC,
*

Defendants.

*

JOSEPH MICHAEL McNORRILL,
on behalf

115-031

CV

v.

of himself

and all

others similarly situated,
Plaintiff,

ASSET ACCEPTANCE,

LLC,

Defendant.

BRENDA WILLIS,

Plaintiff,
*
*

v.

*

CAVALRY INVESTMENTS, LLC,
CAVALRY PORTFOLIO SERVICES,

*

LLC,

Defendants.

ORDER

In

these

cases,

the

plaintiffs

allege

that

the

defendants

violated the FDCPA by filing proofs of claim on stale debts in the

plaintiffs'

bankruptcy proceedings.

The Court previously stayed

these matters pending the Eleventh Circuit's resolution of Johnson

v.

Midland

decision

Funding,

LLC.

in Johnson,

proceeded.

After

the Court

the

Eleventh

lifted

the

stays

issued

and

these

its

cases

Since then, the Supreme Court has granted certiorari in

Johnson.

See Johnson v. Midland Funding,

granted,

Circuit

2016

defendants

WL

4944674

request

(U.S.

that

the

Oct.

LLC,

823 F.3d 1334,

2016).

stay

Court

11,

these

cert,

Accordingly,
cases

pending

the
the

Supreme Court's decision.

"The
as

District

Court has broad discretion to

stay proceedings

an incident to its power to control its own docket.''

Sterling

Jewelers,

(N.D.

Ga.

marks

omitted).

district
another

Dec.

court

Court

17,

warranted.

be

certiorari

"[a]

Ortega

the

are

of

v.

likely

on

(docs.

53,

9255553,

(internal

of

Conover

&

a

may

*2

quotation

justify a

related

Co.

at

case

Commc'ns,

in
221

When a decision by the Supreme

stay

which

dispositive

Accordingly,

WL

circumstances

resolution

2000).

a

2015

omitted)

pending

2015 WL 9255553,

issues

55).

the

Trujillo

dispositive,

warranted.
27,

variety

(11th Cir.

See Luster,

Because

(citation

stay pending

1264

may

1:15-cv-2854-WSD,

2015)

And

court."

F.3d 1262,

No.

Luster v.

decision

is

at *3.

the

in

that

Supreme

these

Court

cases,

a

granted

stay

is

the Court GRANTS the defendants' motions
These

cases

shall

be

STAYED

pending

the

Supreme Court's decision in Johnson.

The plaintiffs in these cases alternatively request that the

Court require the defendants to deposit the funds collected in the
bankruptcy proceedings into a court-controlled account.

The Court

DENIES this request, which is a request for an impermissible pre

judgment attachment.

See Fed. R. Civ. P. 64 ("[E]very remedy is

available

located,

that,

under

provides

satisfaction
Props.,

of

Inc.,

for

the

458

the

law

of

seizing

a

potential

S.E.2d

the

state

person

or

judgment.");

476,

476

(Ga.

where

the

property
Patel

1995)

to

v.

("A

court

secure

Alpha

review

is

Inv.

of

the

hearing that led to the challenged order reveals that the purpose
of

the

order was

certain of
We

agree

trial

to

ensure

appellees

with

court's

that

prevail

appellants
order

the

in

that

funds would be

a suit

under

violates

against

the

facts

O.C.G.A.

available

appellants ....
in

this

§ 9-5-6."

omitted)).

case,

the

(footnote
-

ORDER
December,

should

ENTERED

at

Augusta,

Georgia,

this

/^^ day

2016.

HONORftSHBTJ.

RANDAL

HALL

UNITED SJATES DISTRICT JUDGE
jeeWffiRN

DISTRICT

OF GEORGIA

of