United States District Court, N.D. Ohio, Eastern Division
ANTON M. FERGUSON, Plaintiff,
DIRECTV, LLC ET AL., Defendant.
OPINION AND ORDER
CHRISTOPHER A. BOYKO United States District Judge.
matter is before the Court on Defendant DIRECTV LLC's
Motion to Stay all Proceedings Pending Resolution to
Bankruptcy (ECF DKT #36). For the following reasons, the
Motion is DENIED.
FACTUAL AND PROCEDURAL HISTORY
Anton M. Ferguson filed this class action on December 1,
2015, against co-defendants DirecTV and Mulitband Corp.
(“Multiband”), alleging violations of the Fair
Credit Reporting Act (“FCRA”). The Complaint was
amended March 23, 2016.
is a former independent subcontractor who performed home
installation services for a subcontractor of Multiband.
Multiband is a home service provider for DirecTV and performs
installation services pursuant to written contracts with
DirecTV. Pursuant to an indemnity provision within their
contract, Multiband is responsible for attorney fees and
costs within this litigation. The same attorneys represent
February 23, 2017, the Court ordered that the parties must
submit a proposed case management schedule for the underlying
case within 30 days. DirectTV's co-defendant Multiband
filed for Chapter 11 bankruptcy in the Southern District of
Texas on or around March 13, 2017, resulting in an automatic
stay of the action filed against Multiband, but not for
DirecTV. DirecTV has since timely filed this motion to stay
all proceedings, vacate all pending deadlines in the case and
to order the parties to file a joint case management
scheduling order within fourteen (14) days of the resolution
of the bankruptcy case. DirecTV contends that the Multiband
bankruptcy proceedings will conclude by the end of April 2017
by virtue of being “prepackaged.” Ferguson
LAW & ANALYSIS
Standard of Review
District Court has broad discretion to stay proceedings as an
incident to its power to control its own docket. Clinton
v. Jones, 520 U.S. 681, 683, 117 S.Ct. 1636, 1639, 137
L.Ed.2d 945 (1997). "[T]he power to stay proceedings is
incidental to the power inherent in every court to control
the disposition of the causes on its docket with economy of
time and effort for itself, for counsel, and for
litigants." Gray v. Bush, 628 F.3d 779, 785
(6th Cir.2010) (alteration in original) (quoting Landis
v. North American Co., 299 U.S. 248, 254, 57 S.Ct. 163,
81 L.Ed. 153 (1936)).
Factors District Court Must Consider on whether to Grant
Stay and Burden of Proof
courts generally consider and balance certain factors when
determining whether a stay of civil proceedings is
appropriate in a given case:
1) The extent to which the issues in the criminal case
overlap with those presented in the civil case;
2) The status of the case, including whether the defendants
have been indicted;
3) The private interests of the plaintiffs in proceeding
expeditiously weighed against the prejudice to ...