Hartranft v. Encore Capital Group, Inc ( 2020 )

1 2 3 4 UNITED STATES DISTRICT COURT 5 SOUTHERN DISTRICT OF CALIFORNIA 6 7 SEAN HARTRANFT, C ase No.: 18-cv-1187-BEN (RBB) 8 Plaintiff, ORDER GRANTING MOTION TO 9 STAY PROCEEDINGS PENDING vs. APPEAL IN APPEAL NO. 19-56390 10 ENCORE CAPITAL GROUP, INC., a [Dkt. No. 28] 11 Delaware Corporation, 12 Defendant. 13 14 15 After filing this case, Plaintiff moved to intervene in Multidistrict Litigation 16 (“MDL”) proceedings being managed by the Honorable Michael M. Anello in the U.S. 17 District Court for the Southern District of California, Case No. 11-MD-2286-MMA 18 (MDD). Plaintiff’s motion to intervene was denied and Plaintiff appealed. The appeal 19 is now fully briefed and awaiting oral argument before the U.S. Court of Appeals for 20 the Ninth Circuit, Appeal No. 19-56390. 21 At the same time, the parties in the MDL proceedings before Judge Anello have 22 asked for a stay pending the decision in a case recently granted certiorari by the U.S. 23 Supreme Court concerning the Telephone Consumer Protection Act (“TCPA”). See 24 Facebook Inc. v. Duguid, Supreme Court Dkt. No. 19-511, cert. granted (July 9, 2020). 25 The TCPA is a basis for the Plaintiff’s claims in both the MDL cases and this case. 26 Courts have broad discretion to stay proceedings incident to their power to 27 control their own docket. Clinton v. Jones, 520 U.S. 681, 706 (1997). Stays are 28 1 often granted when the resolution of another action bears upon the case, because a 2 || stay is most “efficient for [the court’s] own docket and the fairest course for the 3 || parties[.]” Leyva v. Certified Grocers of Cal., Ltd., 593 F.2d 857, 863 (9th Cir. 4 || 1979); see also Landis v. North American Co., 299 U.S. 248, 253 (1936) (holding 5 ||that a stay may be warranted where the resolution of other litigation may “assist in 6 determination of the questions of law involved.”). 7 To conserve judicial resources and in the exercise of its discretion, the Court 8 hereby GRANTS Plaintiff's Motion to Stay the immediate action and proceedings until 9 || a decision is reached in the Ninth Circuit Appeal No. 19-56390, In re: Sean Hartranft 10 || v. Midland Funding, LLC. Counsel for Plaintiff shall notify this Court within seven 11 || days of a decision in its appeal. All further proceedings in this case are stayed. 12 DATED: July _30_, 2020 . M lye Roger T. Benitez 15 United States District Court Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 2.