Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Ferguson v. DirecTV, LLC

United States District Court, N.D. Ohio, Eastern Division

May 12, 2017

ANTON M. FERGUSON, Plaintiff,
v.
DIRECTV, LLC ET AL., Defendant.

          OPINION AND ORDER

          CHRISTOPHER A. BOYKO United States District Judge.

         This 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.

         I. FACTUAL AND PROCEDURAL HISTORY

         Plaintiff 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.

         Ferguson 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 the co-defendants.

         On 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 opposes.

         II. LAW & ANALYSIS

         A. Standard of Review

         A 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)).

         B. Factors District Court Must Consider on whether to Grant Stay and Burden of Proof

         District 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 ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.