Dawson v. Porch.com Inc

• Court: District Court, W.D. Washington
• Decided: August 17, 2021
• Docket: 2:20-cv-00604
• Status: Unknown

Opinion

1 2 3 4 5 UNITED STATES DISTRICT COURT 6 WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 BOB DAWSON, et al., 8 Cause No. C20-0604RSL Plaintiffs, 9 v. ORDER STAYING CASE 10 PORCH.COM, INC., et al., 11 Defendants. 12 13 14 This matter comes before the Court on “Defendants’ Motion to Stay” pending resolution 15 of two Telephone Consumer Protection Act (“TCPA”) cases pending before the United States 16 Supreme Court and the Ninth Circuit Court of Appeals. Dkt. # 56. The Supreme Court has 17 already issued its decision in Facebook v. Duguid, __ U.S. __, 141 S. Ct. 1163 (2021). 18 Nevertheless, the Court finds that a stay until Chennette v. Porch.com, No. 20-35962, is decided 19 20 by the Ninth Circuit will promote judicial efficiency and preserve the resources of the litigants 21 without unduly prejudicing either party’s interests. 5A Charles Alan Wright & Arthur R. Miller, 22 Federal Practice and Procedure § 1360 (3d ed. 2004). See also Landis v. N. Am. Co., 299 U.S. 23 248, 254 (1936) (“the power to stay proceedings is incidental to the power inherent in every 24 court to control the disposition of the causes on its docket with economy of time and effort for 25 26 itself, for counsel, and for litigants”). Whether the parties need concern themselves with the 27 1 advertising, billing, and calling habits of over 1,000 named plaintiffs will be resolved in 2 Chennette. If the business versus personal dichotomy identified by the District Court of Idaho is 3 upheld, this case will be litigated very differently than if standing is not an issue. 4 5 For all of the foregoing reasons, this matter is hereby STAYED in its entirety pending 6 7 resolution of Chennette v. Porch.com, No. 20-35962, by the Ninth Circuit. The Clerk of Court is 8 directed to enter a statistical termination in this case. Such termination is entered solely for the 9 purpose of removing this case from the Court’s active calendar. The parties shall, within thirty 10 days of the issuance of the mandate by the Ninth Circuit, submit a Joint Status Report setting 11 forth the parties’ recommendations for a new trial date. 12 13 14 Dated this 17th day of August, 2021. 15 Robert S. Lasnik 16 United States District Judge 17 18 19 20 21 22 23 24 25 26 27