Wood v. EquityExperts.Org, LLC

Filing 35

ORDER staying and administratively closing case. Signed by District Judge Stephen J. Murphy, III. (DPer)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION TAMAKA WOOD, Plaintiff, Case No. 2:16-cv-13276 v. HONORABLE STEPHEN J. MURPHY, III EQUITYEXPERTS.ORG, LLC, Defendant. ______________________________/ ORDER STAYING AND ADMINISTRATIVELY CLOSING THE CASE On September 12, 2016, Plaintiff filed a complaint. ECF 1. On December 4, 2018, the Court ordered the parties to submit a joint status report regarding whether the Court should refer the case and other similar cases to global mediation. ECF 32. On December 14, 2018, the parties submitted a joint status report. ECF 34. Plaintiff opposed global mediation and Defendant supported either global mediation or a global stay pending an appeal in Sparks v. EquityExperts.Org, LLC, Case No. 2:17-cv-11330 (Judge Cleland). ECF 34, PgID 329, 331. Sparks was filed by Melvin and Angela Sparks ("Sparks Plaintiffs") against Defendant on April 26, 2017. Sparks involved the same three claims Plaintiff asserts here and a similar fact pattern. On October 23, 2018, after a jury trial, judgment was entered in favor of Defendant. On November 20, 2018, the Sparks Plaintiffs filed a notice of appeal. Given the similarities in the two cases and the unwillingness of the parties here to agree on mediation efforts, the Court will stay the case pending the Sixth Circuit's resolution of the appeal in Sparks. WHEREFORE, it is hereby ORDERED that the CLERK of the Court shall STAY the case until further order of the Court. IT IS FURTHER ORDERED that the CLERK shall ADMINISTRATIVELY CLOSE the case. IT IS FURTHER ORDERED that if either party is interested in reopening the case, they shall FILE a motion to reopen the case within 45 days of the Sixth Circuit's decision in Sparks v. EquityExperts.Org, LLC, Case No. 2:17-cv-11330. SO ORDERED. s/Stephen J. Murphy, III STEPHEN J. MURPHY, III United States District Judge Dated: December 18, 2018 I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on December 18, 2018, by electronic and/or ordinary mail. s/David P. Parker Case Manager 2

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