Seymore v. Quantum3 Group, LLC

Filing 5

ORDER STAYING CASE that this case shall be stayed pending the Eleventh Circuit's decision in "Johnson v. Midland Funding, LLL", at which time any party may move to lift the stay. Signed by Judge J. Randal Hall on 06/18/2015. (jah)

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

SANDRA D.

SEYMORE,

*

Plaintiff,

*
*

v.

*

CV 115-071

*

QUANTUM3 GROUP,

LLC,

*

Defendant,

*

ORDER

On June 8, 2 015,
to

file

pending

a

the

Johnson v.

2015).

response

the Court invited the parties in this matter

to

the

Eleventh

Court's

Circuit

Midland Funding,

(Doc. 4.)

proposed

Court

LLC,

No.

of

imposition

Appeals'

15-11240

of

a

stay

disposition

(11th Cir.

Mar.

of

24,

The Court previously stayed four 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

Eleventh

Johnson would prove dispositive in this matter.
nor

Defendant

filed

a

response

within

the

the

time

four

cases

Circuit

in

Neither Plaintiff
frame

provided,

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

1
v.

(See Dkt.)

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; Aliff et al. v. Resurgent
Capital Servs. et al.,

No.

l:14-cv-098, Doc. 51.

It

is

well-established

may

stay

proceedings either on its own or on a motion of the parties.

See,

e.g. , Landis v.

(1936).
of

N. Am.

a

district

Water Works & Elec.

court

Co.,

299 U.S.

may

justify a

district

court

Indeed,

a

Commc'ns,

stay

controlling

the

Inc.,

"sometimes

district

221 F.3d 1262,

is

authorized

court's

docket

(11th Cir.

simply

of

as

a

2000).

means

managing

of

cases

before the district court."

Id.

exercises its

stay a case pending the resolution of

discretion to

Even so,

the

Ortega Trujillo v.

1264

and

254

variety

stay pending

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

248,

the Eleventh Circuit has held that "[a]

Moreover,

circumstances

that

"[w]hen a district court

related proceedings in another forum, the district court must limit
properly the scope of the stay."

Accordingly,
Circuit's

decision

this
in

case

Id.

shall

Johnson

v.

be

STAYED pending the

Midland

Funding,

LLC,

Eleventh
at

which

time any party may move to lift the stay.

ORDER ENTERED at Augusta, Georgia, this

/2)

day of June,

2015.

JUDGE

GEORGIA