Fleming, et al v. Prospect Mortgage, LLC

Filing 28

ORDER GRANTING 23 Defendant's Motion to Stay. This action is stayed in its entirety pending the resolution of the defendant's motion before the MDL panel. The parties are directed to inform the Court of the MDL panel's decision within ten days after the MDL panel has made a decision. Signed by US District Judge Terrence W. Boyle on 11/20/2013. (Fisher, M.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
EASTERN DIVISION
No. 4:13-CV-98-BO

VAN FLEMING, et al.,
Plaintiffs,
v.
PROSPECT MORTGAGE LLC,
Defendant.

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ORDER

This cause comes before the Court on defendant's motion to stay proceedings pending a
decision by the United States Judicial Panel on Multidistrict Litigation (In re: Prospect
Mortgage, LLC Fair Labor Standards Act (FLSA) and Wage and Hour Litigation, MDL No.
2486) regarding consolidation for pretrial proceedings. Plaintiffs oppose the motion to stay this
action.
It is within this Court's broad discretion "to control the disposition of the causes on its

docket with economy of time and effort for itself, for counsel, and for litigants." Landis v. N
Am. Co., 299 U.S. 248, 254 (1936). A hearing will likely be held before the Multidistrict

Litigation (MDL) Panel on December 5, 2013, and a decision on the motion for coordinated or
consolidated pretrial proceedings is expected to issue shortly thereafter. In light of the brevity of
the stay and the early stage of these proceedings, the Court finds that the interests of judicial
economy and defendant in temporarily staying this action outweigh the interest of plaintiffs in
proceeding here. See Meyers v. Bayer AG, 143 F. Supp.2d 1044, 1049 (E.D.Wis. 2001).
The Court therefore, in its discretion, GRANTS defendant's motion to stay [DE 23].
This action is hereby STAYED in its entirety pending resolution of defendant's motion before
the MDL Panel. The parties are hereby DIRECTED to inform the Court within ten (10) days of

any decision by the MDL Panel, and, should the case not be transferred and consolidated for
pretrial proceedings, notify the Court whether modification of the scheduling order currently in
place is required.

SO ORDERED, this

;;J2 day of November, 2013.

TERRENCE W. BOYLE
UNITED STATES DISTRICT

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