Krejci v. Cavalry Portfolio Servs., LLC

Full title: KEVIN KREJCI, Plaintiff, v. CAVALRY PORTFOLIO SERVICES, LLC, Defendant.

Court: UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

Date published: Jul 17, 2018

Facts

On January 27, 2016, Plaintiff filed the operative class action complaint asserting that Defendant violated the Telephone Consumer Protection Act (“TCPA”). [Doc. No. 1].  Specifically, the complaint alleges that Defendant placed calls to Plaintiff, and similar consumers, utilizing impermissible automated technology, otherwise known as an automatic telephone dialing system (“ATDS”). Id. On June 6, 2016, the Court granted Defendant’s motion to stay proceedings until a decision was rendered in ACA Int’l v. Fed. Commc’ns Comm’n, 885 F.3d 687 (D.C. Cir. 2018). See Doc. No. 18. Additionally, a related case before this Court entitled Horton v. Calvary Portfolio Services, LLC, 13-cv-0307-JAH (WVG) (S.D. Cal.), which is a nearly identical putative class action case against the defendant, was stayed for similar reasons. See Doc. No. 18. On March 16, 2018, the D.C. Circuit Court issued a decision in ACA Int’l, and the stays were lifted in both cases. See Doc. No. 51. In Horton, the parties have each filed motions for summary judgment with the primary issue being whether the telephone equipment used by the defendant qualifies as an ATDS as defined by the TCPA. See Horton, Doc. Nos. 245, 248. The hearing date for both motions is scheduled for August 13, 2018, before this Court. Id. On May 25, 2018, the defendant filed the instant motion to stay the entire case pending the resolution of the Horton motions. See Doc. No. 53. Plaintiff filed a response in opposition, Defendant lodged a reply, and under CivLR 71.1(d), the Court took Defendant’s Motion to Stay under submission. See Doc. Nos. 57, 58, and 60.

Issues

Decision

The Court granted the defendant’s motion to stay in Horton v. Cavalry Portfolio Services, LLC, pending a decision on the cross-motions for summary judgment. Landis factors were considered, and the case is suspended pending a decision. The parties must file a joint status report within ten days of the Horton summary judgment order. Oral arguments will be heard on August 13, 2018.

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