MORRISON C. ENGLAND, Jr., Chief District Judge.
This is one of over 60 similar actions filed by Sprint Communications Company L.P. ("Sprint") or affiliates of Verizon in various federal district courts across the United States. The issue in each case is the same: whether long-distance phone companies are entitled to refunds for switched access charges paid to local phone companies in connection with the long-distance companies' use of switched access services purchased from the local phone companies to route certain phone calls between wireless and wireline phone customers.
On September 19, 2014, one of the defendants in 28 of the 60 cases, CenturyLink, filed a motion with the Judicial Panel on Multidistrict Litigation ("MDL Panel") to transfer the 28 CenturyLink actions to a single federal district court for coordinated proceedings.
Defendant Pacific Bell Telephone Company ("Pacific Bell") requests that the Court temporarily stay this lawsuit, including any Rule 16 Scheduling Conference or other pretrial activity, until the MDL Panel decides CenturyLink's motion. ECF No. 48. For the reasons set forth below, the Motion for a Temporary Stay of Proceedings Pending a Final Ruling of the Judicial Panel on Multidistrict Litigation is GRANTED.
A "trial court may, with propriety, find it is 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."
The interests of judicial economy and efficiency are served by staying this case until the motion before the MDL Panel has been decided. Going forward on this matter risks wasting judicial resources, as the Court will have to familiarize itself with a case that may soon be transferred. This is critical because currently pending before the Court is Pacific Bell's pending Motion to Dismiss or, in the alternative, Stay this Action and Refer the Controlling Legal Issues to the Federal Communications Commission (ECF No. 37), which is scheduled to be heard in this court on January 8, 2015.
In addition, the Court is not convinced that the short stay anticipated will cause a hardship to Sprint. Sprint argues that the instant Motion for a Temporary Stay is an attempt by Pacific Bell to delay the litigation so that it does not have to make Rule 26(a)(1) disclosures that would be helpful to Sprint's defense of the motion before the MDL Panel.
Therefore, because the interest of judicial economy outweighs any potential harm to the parties, the Court finds that a stay of all proceedings is appropriate in this case.
For the reasons set forth above, Pacific Bell's Motion for a Temporary Stay of Proceedings, ECF No. 37, is GRANTED. All proceedings in this case are hereby stayed pending a final ruling by the MDL Panel on
IT IS SO ORDERED.