Keller et al v. Sentinel Offender Services, LLC,

Filing 42

ORDER STAYING CASE pending the resolution of similar issues in Brinson. The Court will defer ruling on Defendant's 19 Motion to Dismiss and Plaintiff's 39 Motion to Certify. Signed by Chief Judge Lisa G. Wood on 2/8/2017. (ca)

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9n tllie ?i9mteli ^tates( SBtsctnct Court for tfie ^outl^em IBifiCtrtrt of Georgia Pmnoloick SBibtOton CHESTER L. KELLER, III, SHELLIE K. REAVES a/k/a SHELLIE KELLER, WYNDEL HERNDON, JR., and all other persons similarly situated. CV 215-60 Plaintiffs, V. SENTINEL OFFENDER SERVICES, LLC, Defendant. ORDER While Defendant's Motion to Dismiss, dkt. no. 19, was pending before this Court, Plaintiff filed a Motion to Certify Questions of State Law to the Supreme Court of Georgia with a supporting brief, dkt. no. 39. Defendant responded. Dkt. No. 41. The Court takes notice of Brinson v. Providence Community Corrections, No. 16-11538 (11th Cir.) (Oral Argument held Jan. 25, 2017), which is on appeal to the Eleventh Circuit.^ The appeal addresses some of the same or similar issues presented in this motion to dismiss. Additionally, the Appellant in Brinson ^ Attorney for Plaintiff is also the attorney for Appellant in Brinson. A0 72A (Rev. 8/82) has moved the Eleventh Circuit to certify to the Georgia Supreme Court the same or similar questions Plaintiff moves this Court to certify. dkt. no. 31. Compare Dkt. No. 39 with Brinson, No. 16-11538, In order to avoid inconsistent rulings from this Court, the Eleventh Circuit and/or the Georgia Supreme Court, the parties have consented to a stay of this case pending the Eleventh Circuit's decision in Brinson. For these reasons, the Court will defer ruling on Defendant's Motion to Dismiss, dkt. no. 19, and Plaintiff's Motion to Certify, dkt. no. 39. The present action is STAYED pending the resolution of similar issues in Brinson. SO ORDERED, this 8th day of February, 2017. LISA GODBEY WOOD, CHIEF JUDGE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA

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