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Doerken v. USAA Savings Bank

United States District Court, C.D. California

April 26, 2017

DAVID DOERKEN, Plaintiff,
v.
USAA SAVINGS BANK, Defendant.

          ORDER RE: DEFENDANT'S MOTION TO STAY PROCEEDINGS [20]

          HON. RONALD S.W. LEW, SENIOR U.S. DISTRICT JUDGE

         I. INTRODUCTION

         Currently before the Court is Defendant USAA Savings Bank's (“Defendant”) Motion to Stay Proceedings (“Motion”) pending the United States Court of Appeals for the D.C. Circuit's decision in ACA Int'l v. Fed. Commc'ns Comm'n, Appeal No. 15-1211 (D.C. Circuit) (filed on Oct. 13, 2015) [20]. The Court, having reviewed all papers and arguments submitted pertaining to this Motion, NOW FINDS AND RULES AS FOLLOWS: Defendant's Motion to Stay Proceedings is GRANTED.

         II. BACKGROUND

         A. Factual Background

         This action arises from Plaintiff David Doerken's (“Plaintiff”) claims that Defendant violated the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227 and the Rosenthal Fair Debt Collection Practices Act (“RFDCPA”), Cal. Civ. Code. § 1788. See Compl., ECF No. 1.

         Plaintiff is an individual who resides in Los Angeles County, California. Id. at ¶ 5. Defendant is a bank with its principal place of business in Texas. Id. at ¶ 9.

         Defendant attempted to collect a debt that Plaintiff allegedly owed. Id. at ¶ 11. Plaintiff alleges between May 2016 and June 2016, Defendant called Plaintiff more than forty-four times in its attempt to collect the debt. Id. at ¶ 13. On June 27, 2016, Plaintiff told a representative of Defendant that he unequivocally revoked Defendant's consent to contact him on his cellular phone; however, between June 28, 2016, and August 4, 2016, Defendant allegedly contacted Plaintiff at least seventy-five additional times. Id. at ¶¶ 14-15.

         Plaintiff further alleges that Defendant called him using an automatic telephone dialing system (“ATDS”), which violates the TCPA. Id. at ¶¶ 21-22. Plaintiff also alleges these calls violated the RFDCPA. Defendant denies its dialing system meets the definition of an ATDS and therefore it lacks liability under the TCPA. Def.'s Mot. to Stay Proceedings (“Mot.”) 1:20-21, ECF No. 20.

         B. Procedural Background

         On November 29, 2016, Plaintiff filed its Complaint against Defendant [1]. On January 4, 2017, Defendant filed its Answer [18]. On February 10, 2017, Defendant filed an Amended Answer with Plaintiff's stipulation correcting Defendant's name from USAA Federal Savings Bank to USAA Savings Bank [19]. On February 21, 2017, Defendant filed the instant Motion [20]. On March 1, 2017, Plaintiff filed its Opposition [23] and Plaintiff's Reply followed on March 13, 2017 [24].

         III. DISCUSSION

         A. Legal Standard

         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, 706 (1997)(citing Landis v. N. Am. Co., 299 U.S. 248, 254 (1936)). A court may “find it . . . efficient for its own docket and the fairest course for the parties to enter a stay of an action before it, pending resolution of independent proceedings which bear upon the case.” Leyva v. Certified Grocers of Cal., Ltd., 593 F.2d 857, 863 (9th Cir. 1979). The rule applies to judicial proceedings and does not require the issues of such proceedings be necessarily controlling of the action before the court. Id. at 863-64. A stay should not be granted unless it appears likely that the other proceedings will be concluded within a reasonable time in ...


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