Filed: Aug. 20, 2019
Latest Update: Aug. 20, 2019
Summary: ORDER TERMINATING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (ECF #18) WITHOUT PREJUDICE MATTHEW F. LEITMAN , District Judge . In this action, Plaintiff Ashley Douget 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 Am. Compl., ECF #12.) Douget moved for summary jud
Summary: ORDER TERMINATING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (ECF #18) WITHOUT PREJUDICE MATTHEW F. LEITMAN , District Judge . In this action, Plaintiff Ashley Douget 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 Am. Compl., ECF #12.) Douget moved for summary judg..
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ORDER TERMINATING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (ECF #18) WITHOUT PREJUDICE
MATTHEW F. LEITMAN, District Judge.
In this action, Plaintiff Ashley Douget 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 Am. Compl., ECF #12.) Douget moved for summary judgment on October 5, 2018. (See Mot., ECF #18.)
On January 31, 2019, the Court entered an order staying this action based on the stipulation of the parties. (See Stipulated Order, ECF #30.) 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 238.) The Court therefore concludes that the most efficient course of action is to terminate Douget's currently-pending motion for summary judgment without prejudice. Douget can re-file her motion, if appropriate, after the Sixth Circuit issues its ruling in Sparks.
Accordingly, for the reasons stated above, Douget's motion for summary judgment (ECF #18) is 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.
