Opinion
Case No. 17-cv-12795
08-20-2019
CINDY CANTY, Plaintiff, v. EQUITYEXPERTS.ORG, LLC Defendant.
ORDER TERMINATING (1) PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (ECF #18) AND (2) DEFENDANT'S MOTION FOR AN EXTENSION OF TIME TO FILE A RESPONSE (ECF #21) WITHOUT PREJUDICE
In this action, Plaintiff Cindy Canty alleges that Defendant EquityExperts.org, LLC violated the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq., the Michigan Collection Practices Act, Mich. Comp. Laws § 445.251 et seq., and the Michigan Occupational Code, Mich. Comp. Laws § 339.901 et seq. (See Compl., ECF #1.) Canty moved for summary judgment on October 12, 2018. (See Mot., ECF #18.) EquityExperts moved for an extension of time to file its response brief on December 10, 2018. (See Mot., ECF #21.)
On January 18, 2019, the Court entered an order staying this action based on the stipulation of the parties. (See Stipulated Order, ECF #27.) The Court entered the stay because this case presents similar issues to Sparks v. EquityExperts.org, LLC, E.D. Mich. Case No. 17-cv-11330, and Sparks is currently on appeal before the United States Court of Appeals for the Sixth Circuit.
The Sixth Circuit's decision in Sparks may obviate the need to go forward with the summary judgment motion and/or may moot this action. At the very least, as the parties acknowledged in the stipulated order, "if the court of appeals issues a substantive ruling on appeal in Sparks, both [parties] will likely need to rely upon that opinion ... in any summary judgment motions, responses, and replies." (Stipulated Order at ¶6, ECF #30 at Pg. ID 176.) The Court therefore concludes that the most efficient course of action is to terminate Canty's currently-pending motion for summary judgment without prejudice. Canty can re-file her motion, if appropriate, after the Sixth Circuit issues its ruling in Sparks.
Accordingly, for the reasons stated above, Canty's motion for summary judgment (ECF #18) and EquityExperts' motion for an extension of time to respond to that motion (ECF #21) are TERMINATED WITHOUT PREJUDICE. The parties shall inform the Court once the Sixth Circuit issues a ruling in Sparks, and the Court will thereafter convene a telephonic status conference to discuss (1) lifting the stay of proceedings and (2) issuing a schedule for a renewed motion for summary judgment, if appropriate.
IT IS SO ORDERED.
s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE Dated: August 20, 2019
I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on August 20, 2019, by electronic means and/or ordinary mail.
s/Holly A. Monda
Case Manager
(810) 341-9764