Frickco Incorporated v. Nehmeh Enterprises, Inc. et al

Filing 44

ORDER STAYING PROCEEDINGS. Signed by District Judge George Caram Steeh (MBea)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

FRICKCO INCORPORATED,
a Michigan corporation, individually
and as the representative of a class
of similarly situated persons,
Plaintiff,
Case No. 11-CV-11168
HON. GEORGE CARAM STEEH

v.
NEHMEH ENTERPRISES, INC.
d/b/a LITTLE CAESAR’S,
ALI NEHMEH, CAPITAL
COMMUNICATIONS, INC.,
and LESTER MORALES,
Defendants.
_____________________________/

ORDER STAYING PROCEEDINGS
On March 22, 2011, plaintiff filed a class action complaint alleging defendants
violated the Telephone Consumer Protection Act, 47 U.S.C. §227, by sending unsolicited
advertising faxes to plaintiff and others, and alleging conversion on the same basis.
Defendants filed motions to dismiss arguing, in part, that the court lacks federal question
jurisdiction over the TCPA claims and therefore lacks jurisdiction over the case. On June
27, 2011, the Supreme Court granted certiorari in Mims v. Arrow Fin. Services LLC, 2011
WL 1212225, a case involving the issue of whether a federal court has federal question
subject matter jurisdiction over a private cause of action under the TCPA. On August 28,
2011, this court issued an order to show cause in writing as to why this case should not be
stayed pending the Supreme Court’s decision in Mims. The parties submitted responses

to the order to show cause. For the reasons set forth in defendants’ responses to the order
to show cause, and in the interest of judicial economy, the case is STAYED pending the
Supreme Court’s decision in Mims.
SO ORDERED.
Dated: August 15, 2011
s/George Caram Steeh
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE

CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
August 15, 2011, by electronic and/or ordinary mail.
s/Marcia Beauchemin
Deputy Clerk

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