McNamee v. Nationstar Mortgage, LLC

Filing 79

ORDER denying 77 Motion to Stay. Signed by Judge Algenon L. Marbley on 4/3/2019. (cw)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
CHARLES D. MCNAMEE
on behalf of himself and
others similarly situated
Plaintiffs,
v.
NATIONSTAR MORTGAGE, LLC.,
Defendant.

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Case No. 14-cv-1948
JUDGE ALGENON L. MARBLEY
Magistrate Judge Deavers

ORDER
This matter comes before the Court on Defendant’s Motion to Stay. (ECF No. 77).
Defendant Nationstar requests this Court stay the deadline to provide notice to the certified
classes pending Defendant’s appeal of this Court’s earlier Opinion and Order certifying the Rule
23 classes.
Defendant’s request for a stay is DENIED. Although Defendants assert “[a]n additional
short stay…will not result in prejudice” (ECF No. 77 at 3), this is inaccurate. Neither this Court
nor Defendant can know with certainty that this will be a “short stay” because there is no way to
know when, or if, the Sixth Circuit will consider the appeal. Plaintiff brought this suit in October
2014, and the classes were certified in March 2018. Plaintiff deserves the opportunity to begin
noticing the classes and to begin, in earnest, the next stage of this litigation.
IT IS SO ORDERED.

s/Algenon L. Marbley
ALGENON L. MARBLEY
UNITED STATES DISTRICT JUDGE
Dated: April 3, 2019