Roberts v. Quantum3 Group LLC et al

Filing 5

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 6/18/15. (cmr)

IN THE UNITED STATES DISTRICT COURT
FOR THE

SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION

TERRI L.

ROBERTS,

*

Plaintiff,

*

v.

*

QUANTUM3 GROUP,

LLC,

*

Defendant.

CV 115-072

*

ORDER

On June 8, 2015,
to

file

pending

a

the

Johnson v.

2015).

response

the Court invited the parties in this matter

to

Eleventh

the

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,

an

proceedings.

affirmance

from

As

the

in

Eleventh

Johnson would prove dispositive in this matter.
nor Defendants

filed

a

response

within

the

the

four

cases

Circuit

in

Neither Plaintiffs

time

frame

provided,

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

(See Dkt.)

1
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.

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.

a

district

Water Works & Elec.

Co.,

299 U.S.

may

justify

a

district

court

stay

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

Indeed,

a

Commc'ns,

stay

controlling

the

court

248,

the Eleventh Circuit has held that "[a]

Moreover,

circumstances

Am.

that

Inc.,

"sometimes
district

221 F.3d 1262,

is

authorized

court's

before the district court."

Id.

docket
Even so,

variety

pending

the

Ortega Trujillo v.

1264

(11th Cir.

simply
and

254

of

as

a

2000).

means

managing

of

cases

"[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."

Accordingly,
Circuit's

decision

this
in

case

Id.

shall be

Johnson

v.

STAYED pending the Eleventh

Midland

Funding,

LLC,

at

which

time any party may move to lift the stay.

ORDER ENTERED at Augusta, Georgia, this

/o

day of June,

2015.

HONOT&mJEJ. RANDAL HALL
^UNITED^STATES DISTRICT JUDGE
SOUTHERN DISTRICT OF GEORGIA