ORDER

ROY B. DALTON, Jr., District Judge.

This cause is before the Court on its own Motion. On June 17, 2013, the Court issued an Order to Show Cause why this case should not be dismissed for failure to abide by the Court's Order and for failing to prosecute. (Doc. 39.) The Court also directed the parties to show cause why this case should not be stayed. (Id.)

Plaintiffs contend that the claims in this action are different than the claims raised in Rutherford v. Zoom Tan, Inc., No. 2:12-cv-509-FtM-29DNF, and as such, contend that a stay of this action is not appropriate. (Doc. 40.) Defendant reaches a different conclusion, arguing that the Rutherford action is duplicative of this action and, even if the Court concludes that it is not, a stay is appropriate in order to avoid inconsistent rulings.

This Court has broad authority to stay proceedings incident to its power to control its own docket. Clinton v. Jones, 520 U.S. 681, 706 (1997). As noted by the Eleventh Circuit, a "variety of circumstances may justify a district court stay pending the resolution of a related case in another court." Ortega Trujillo v. Conover & Co. Comms. Inc., 221 F.3d 1262, 1264 (11th Cir. 2000). A court may stay an action so long as the stay is not immoderate, which is to say the say must be "so framed in its inception that its force will be spent within reasonable limits, so far at least as they are susceptible of prevision and description." Id.

After reviewing the records in this action and in the Rutherford action, the Court concludes that there is a substantial overlap between the class action claims raised in both cases. While this is the first-filed case, Plaintiffs have not moved for class certification. In contrast, the class certification issue is fully briefed and ready for adjudication in the Rutherford case. The outcome of the class certification issue in that action could impact this action. If class certification is granted in that case, the scope and issues arising during class certification in this action will likely change. It would therefore behoove the Court and the parties to wait to address the class certification issue in this action until after the Rutherford court decides the issue. A temporary stay of this action is appropriate.

Accordingly, it is hereby ORDERED AND ADJUDGED that the Court's June 17, 2013 Order to Show Cause is DISCHARGED. This action is STAYED pending adjudication of the class certification in the Rutherford action. The parties shall file a joint status report on or before September 30, 2013, and every 60 days thereafter. The parties may move to lift the stay following adjudication of the class certification issue in the Rutherford action.

DONE AND ORDERED.