lafrance et al v. Mortgage Electronic Registration System, Inc.
Filing
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OPINION AND ORDER granting 12 Motion to Stay. Signed by District Judge Marianne O. Battani. (BThe)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
MARLYA DEPAUW, et al., on behalf of
herself and all others similarly situated,
CASE NO. 11-12398
HON. MARIANNE O. BATTANI
Plaintiff,
v.
MORTGAGE ELECTRONIC
REGISTRATION SERVICES, INC.,
Defendant.
/
OPINION AND ORDER GRANTING DEFENDANT’S MOTION TO STAY
Now before the Court is Defendant Mortgage Electronic Registration Systems, Inc.’s
(“MERS”) Motion to Stay (Doc. No. 12). The Court has reviewed all of the filings and finds
oral argument will not aid in the resolution of this dispute. See E. D. Mich. LR 7.1(f)(2).
For the reasons that follow, Defendant’s motion is GRANTED.
I. BACKGROUND
Plaintiff filed suit, alleging that MERS wrongfully foreclosed by advertisement
because Defendant was neither “the owner of the indebtedness or of an interest in the
indebtedness secured by the mortgage or the servicing agent of the mortgage.” See Mich.
Comp. Laws § 600.3204(1)(d). In support of her position, Plaintiff relies on a decision by
the state appellate court in Residential Funding Co. v. Saurman, Nos. 290248, 291443,
2011 WL 1516819 (Mich. Ct. App. Apr. 21, 2011). On September 28, 2011, the Michigan
Supreme Court granted a motion for expedited consideration of an application for leave to
appeal Saurman, see , Nos. 143178-9, 2011 WL 4495070 (Mich. Sept. 28, 2011), and
argument on the appeal is set for November 2011.
II. STANDARD OF REVIEW
A district court may grant a stay to conserve judicial resources. As Justice Cardozo
noted:
the power to stay proceedings is incidental to the power inherent in every
court to control the dispositions of the causes on its docket with economy of
time and effort or itself, for counsel, and for litigants.
Landis v. North American Co., 299 U.S. 248, 254 (1936). In determining whether a stay
is appropriate, the court must consider “the possible damage which may result from the
granting of a stay, the hardship or inequity which a party may suffer in being required to go
forward, and the orderly course of justice measured in terms of the simplifying or
complicating of issues, proof, and questions of law which could be expected to result from
a stay.” Id. at 254.
III. ANALYSIS
At the outset, the Court observes that trial courts can and do stay proceedings
pending the resolution of another case by another court. See e.g. Twenty First Century
Corp. v. LaBianca, 801 F.Supp. 1007, 1010 (E.D. N.Y. 1991) (staying civil litigation until a
criminal case resolved); Rosenfield v. Paine Webber, Case No. C86-415A, 1986 WL 21355
at *1 (N.D. Ga. Nov. 18, 1986) (staying civil proceedings under the Securities Exchange
Act of 1934 while the circuit court decided whether the claims could be arbitrated). Here,
the Court finds staying this action until resolution of the proceedings before the Michigan
Supreme Court promotes docket efficiency. The delay should be minimal given the
November date for oral argument. Moreover, the hardship to Plaintiff in delaying this
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matter does not outweigh the damage to Defendant in proceeding with litigation that turns
on the Michigan Supreme Court’s review of Saurman. Upon balancing of the relevant
factors, it is clear that a stay promotes judicious use of resources and will simplify the
issues in this litigation.
IV. CONCLUSION
For the reasons discussed above, Defendant’s motion is GRANTED.
IT IS SO ORDERED.
s/Marianne O. Battani
MARIANNE O. BATTANI
UNITED STATES DISTRICT JUDGE
Date: October 18, 2011
CERTIFICATE OF SERVICE
Copies of this Opinion and Order were mailed and/or electronically filed to counsel
of record and Plaintiff on this date.
s/Bernadette M. Thebolt
Case Manager
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