Johnson v. Experian Marketing Solutions

Filing 26

ORDER - The Defendant's Motion to Life Stay 25 is granted. The stay of this case is lifted. The defendant shall file its answer or responsive motion, pursuant to Fed. R. Civ. P. 12(a), on or before September 18, 2015. The Clerk of the Court is directed to terminate the status report deadline of September 29, 2015. Ordered by Judge John M. Gerrard. (MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ANDREW JOHNSON,
Plaintiff,

8:15-CV-125

vs.
ORDER
EXPERIAN MARKETING
SOLUTIONS, INC., a Delaware
Corporation,
Defendant.
This matter is before the Court on the Defendant's Motion to Lift Stay
(filing 25), asking the Court to lift the stay of these proceedings. That motion
will be granted.
The Court initially stayed this case on the defendants' motion, based on
the Court's conclusion that the question in controversy would be better suited
to disposition in a parallel Illinois state-court proceeding. See filing 22 (citing
Wilton v. Seven Falls Co., 515 U.S. 277 (1995)). But, the Court acknowledged,
if the Illinois court granted a then-pending motion to dismiss filed by the
plaintiff in this case, the Court's abstention analysis could change. Filing 22
at 6. The defendant now informs the Court that the Illinois action has been
dismissed as to the plaintiff in this case, based upon the Illinois court's lack
of personal jurisdiction over the plaintiff. Filing 25 at 1. Accordingly,
abstention is no longer warranted and this case should proceed. The
defendant's motion will be granted and the stay lifted.
IT IS ORDERED:
1.

The Defendant's Motion to Lift Stay (filing 25) is granted.

2.

The stay of this case is lifted.

3.

The defendant shall file its answer or responsive motion,
pursuant to Fed. R. Civ. P. 12(a), on or before September
18, 2015.

4.

The Clerk of the Court is directed to terminate the status
report deadline of September 29, 2015.

Dated this 1st day of September, 2015.
BY THE COURT:

John M. Gerrard
United States District Judge

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