Seymore v. Quantum3 Group, LLC

Filing 4

ORDER the portion of the Bankruptcy Judge's Report and Recommendation finding permissive withdrawal appropriate as its opinion and grants the withdrawal of the reference; withdrawing the case from the Bankruptcy Court for the Southern District of Georgia; directing the Clerk to assign this case as a civil action; and, allowing that each party shall have seven (7) days to file a response, if they wish, to the imposition of a stay. Signed by Judge J. Randal Hall on 06/08/2015. (jah)

IN THE UNITED
FOR THE

STATES DISTRICT COURT

SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION

SANDRA D.

SEYMORE,

*

Plaintiff,

*

v.

*

QUANTUM3 GROUP,

LLC,

CV

115-071

*
*

*

Defendant,

ORDER

After a careful,

Bankruptcy Judge's

de novo review,

the Court concurs with the

Report and Recommendation

(doc.

3-1 at 127-

135) that the Court withdraw the reference "for cause" under the

permissive withdrawal provisions of 28 U.S.C. § 157(d), to which
no objections have been filed.

Accordingly,

the Court ADOPTS

the portion of the Bankruptcy Judge's Report and Recommendation
finding

permissive

withdrawal

GRANTS the withdrawal

appropriate

as its

of the reference.1

opinion

and

The case is hereby

WITHDRAWN from the Bankruptcy Court for the Southern District of

Georgia,
civil

and the Clerk is DIRECTED to assign this

case as a

action.

The

Court

stayed

four

cases

on

its

docket

pending

the

Eleventh Circuit Court of Appeals' decision in Johnson v. Midland

1

The

withdrawal.

Court

expresses

no

opinion

as

to

the

merits

of

mandatory

Funding,
those

LLC,

cases

Collection

No.

15-11240 (11th Cir. Mar.

turns

on

Practices

the

Act

interplay

("FDCPA")

24,

2015).2

between

and

the

the

Each of

Fair

Bankruptcy

Debt
Code,

particularly in reference to the filing of time-barred proofs of
claim in bankruptcy proceedings.
Circuit

in

Johnson

Code preclude
claim?

parties'
Circuit

Doc.

an

complaint,

11

the

Court's

Does

the

filing

of

preliminary

would prove

dispositive

(asserting,

in

Plaintiff's

that

same:

Bankruptcy
a proof

review

of

of
the

it appears that an affirmance from the Eleventh

Johnson

at

essentially the

from

filings,

3-1

issue before the Eleventh

FDCPA claim based on the

Indeed,

in

is

The

moving

"motion

to

here

as

dismiss

lays

before

well.

the

(See

adversary

the

Court

the

issue expressly left undecided by Crawford," which is now under
consideration in Johnson).

It

is

proceedings

well-established

either

Am.

or

on a motion

of

the

stay

parties.

"[a]

variety of circumstances may justify a district court stay

resolution

of

the Eleventh Circuit

a

related

case

Ortega Trujillo v. Conover & Co. Commc'ns,
1264

(11th Cir.

2000).

& Elec.

may

254

Moreover,

Water Works

court

248,

the

N.

own

district

e.g.,

(1936) .

v.

its

a

See,

pending

Landis

on

that

Indeed,

in

Co.,
has

299

U.S.

held that

another

court."

Inc., 221 F.3d 1262,

a stay "sometimes is authorized

simply as a means of controlling the district court's docket and
2
Ford v. Quantum3 Group, LLC et al., No. l:15-cv-031, Doc. 7; McNorrill
v. Asset Acceptance, LLC, No. l:14-cv-210, Doc. 29; Willis v. Cavalry
Investments, LLC et al., No. l:14-cv-227, Doc. 34; Aliff et al. v. Resurgent
Capital Servs. et al., No. l:14-cv-098,

Doc. 51.

of managing

cases before the district court."

Id.

Even so,

"[w]hen a district court exercises its discretion to stay a case
pending the resolution of related proceedings in another forum,

the district court must limit properly the scope of the stay."
Id.

The

Court

recognizes

that

the

parties

in

this

matter

have

not been afforded an opportunity to respond to the propriety of a
stay.

For that reason,

a response,
to

if

each party shall have SEVEN DAYS to

they wish,

to

the imposition of

file a response within seven days

a stay.

file

Failure

shall indicate there

is no

opposition to the Court's proposed course of action.

o^ day of June,

ORDER ENTERED at Augusta, Georgia, this
2015.

HONORABLE

J.

RANDAL

HALL

JJNITEpf STATES- DISTRICT JUDGE
SOUTHERN

DISTRICT

OF GEORGIA