Robertson v. Navient Solutions, LLC

Middle District of Florida, flmd-8:2017-cv-01077

ORDER ATTACHED denying {{20}} Motion to Stay. Signed by Judge Richard A. Lazzara on 9/22/2017. (CCB)

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PageID 112 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION MICHELLE ROBERTSON, Plaintiff, v. CASE NO. 8:17-cv-1077-26-T-MAP NAVIENT SOLUTIONS, LLC, Defendant. / ORDER UPON DUE AND CAREFUL CONSIDERATION of the procedural history of this case, including the allegations of Plaintiff's complaint which allege in part that Defendant violated the Telephone Consumer Protection Act in part by utilizing a prerecorded voice, it is ORDERED AND ADJUDGED that Defendant's Motion to Stay Proceedings (Dkt. 20) is denied. The Court aligns itself with those cases that have denied a stay pending resolution of the ACA Appeal pending before the District of Columbia Circuit Court of Appeals "when the plaintiff also alleged that the phone calls contained a prerecorded voice." Griffin v. Nationstar Mortg. LLC, 2017 WL 3648981, at *2 (S. D. Miss. Aug. 23, 2017) (citing and quoting Owens-Benniefield v. Nationstar Mortg. LLC, 2017 WL 1426720, at *5 (M. D. Fla. Apr. 21, 2017)). DONE AND ORDERED at Tampa, Florida, on September 22, 2017. s/Richard A. Lazzara RICHARD A. LAZZARA UNITED STATES DISTRICT JUDGE COPIES FURNISHED TO: Counsel of Record