Coleman v. Heartland Resolution Group, LLC

• Court: District Court, M.D. Florida
• Decided: June 7, 2022
• Docket: 8:22-cv-00902
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

KAYLEIGH COLEMAN, individually and on behalf of all others similarly situated, Plaintiff, Case No: 8:22-cv-0902-KKM-JSS HEARTLAND RESOLUTION GROUP, LLC, and PENDRICK CAPITAL PARTNERS, LLC, Defendants.

ORDER Defendants move for a stay to await a decision from the Eleventh Circuit in Hunstein v. Preferred Collection and Management Services, Inc. (Doc. 16.) They argue that Hunstein will be dispositive of whether Kayleigh Coleman has Article II standing to

pursue her Fair Debt Collection Practices Act (FDCPA) claims. Coleman failed to timely respond, but her pending motion to remand claims that she lacks Article III standing to seek statutory damages for FDCPA violations—the very issue in Hunstein. (Doc. 5 at 4);

see Local Rule 3.01(c) (“Ifa party fails to timely respond, the motion is subject to treatment

as unopposed.”).

Because a ruling in Hunstein will decide whether plaintiffs like Coleman have Article III standing for FDCPA claims, a stay is warranted. See Miccosukee Tribe of Indians v. S. Fla. Water Mgmt. Dist., 559 F.3d 1191, 1198 (11th Cir. 2009) (reasoning that a pending appellate decision on a controlling issue is “at least a good [reason], if not

an excellent one,” for granting a stay). Accordingly, the following is ORDERED: 1. Defendants’ Motion to Stay is GRANTED. (Doc. 16.) 2. The parties must file a joint status report within seven days of a decision from the Eleventh Circuit in Hunstein. 3. The Court DIRECTS the Clerk to terminate any pending motions and deadlines, and to stay and administratively close the case. ORDERED in Tampa, Florida, on June 7, 2022.

athryn’ Kimball Mizelle United States District Judge