Davis et al v. Oasis Legal Finance Operating Company, LLC et al

Filing 55

ORDER making the 54 mandate of the United States Court of Appeals for the Eleventh Circuit the Order of this Court. In accordance therewith, the Court hereby vacates the stay of this case. The parties are directed to confer and submit a Rule 26(f) Report within 14 days. (Rule 26 Report due by 12/26/2019.) Signed by Judge Dudley H. Bowen on 12/12/2019. (pts)

Ti l.. -.!-

I i.S. DISTRICT
IN THE UNITED STATES DISTRICT COURT*

.:

T

FOR THE SOUTHERN DISTRICT OF GEORGIA

DUBLIN DIVISION
LIZZIE DAVIS; PAMELA DAVIS;
DENNIS GREEN; JOHNNY MOODY; JOHN
SUBER; and SHIRLEY WILLIAMS,

CLERK^

*
*
*

Individually and on Behalf of
all Others Similarly Situated,

2019 DEC 12 PH ^*^3

*
*

5

Plaintiffs,
CV 317-022

V.

OASIS LEGAL FINANCE OPERATING

COMPANY, LLC; OASIS LEGAL
FINANCE, LLC; and OASIS LEGAL
FINANCE HOLDING COMPANY, LLC,
Defendants.

ORDER

In the captioned case. Plaintiffs are putative class members
who

entered

into

loan

agreements

with

the

Oasis

Defendants.

Plaintiffs claim that their loan agreements violate state usury

laws.

The case was removed to this Court on April 28, 2017.

Defendants moved to dismiss the complaint and to strike the class
allegations

of

the

complaint

on

May

5,

2017.

(Doc.

No.

9.)

Defendants Oasis Legal Finance Holding Company, LLC and Oasis Legal
Finance Operating Company, LLC also filed a separate motion to

dismiss, arguing that they are not parties to the transactions at

issue in the case.

(Doc. No. 10.)

The Court has not ruled on

this latter motion because the case has been stayed pending appeal.
On November 15, 2017, this Court denied the Oasis Defendants'

motion to dismiss upon its finding and conclusion that the forum
selection clause and the class action waiver clause in the loan

agreements are void as against Georgia public policy.

The Oasis

Defendants appealed this decision.

On August 28, 2019, the Eleventh Circuit Court of Appeals
affirmed the Court's Order denying the motion to dismiss and the
motion to strike the class allegations.

(See Davis v. Oasis Legal

Finance Operating Co., Case No. 18-10526 (11^^ Cir. Aug. 28, 2019),
Doc. No. 53.)

Accordingly, IT IS HEREBY ORDERED that the mandate

of the United States Court of Appeals for the Eleventh Circuit is
made the judgment of this Court.

In accordance therewith, the

Court hereby VACATES the stay of the case.
The parties are hereby directed to confer and submit a Rule

26(f) report within fourteen (14) days hereof.

The Court will

consider and resolve the motion to dismiss filed by Oasis Legal

Finance Holding Company, LLC and Oasis Legal Finance Operating
Company, LLC in due course.

ORDER ENTERED at Augusta, Georgia, this

day of December,

2019.

UNITED STATES DISTRICT JUD