Ennis v. Gulf Coast Collection Bureau, Inc.
| BRYTON ENNIS |
| Gulf Coast Collection Bureau Inc. and Gulf Coast Collection Bureau, Inc. |
| 8:2022cv00583 |
| March 14, 2022 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Sean P Flynn |
| Consumer Credit |
| 15 U.S.C. ยง 1692 Fair Debt Collection Act |
| Plaintiff |
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Filing 6
ENDORSED ORDER: District courts have the power "to stay proceedings in one suit until the decision of another" in furtherance of the fair and efficient administration of justice. Landis v. N. Am. Co., 299 U.S. 248 (1936). The Eleventh Circuit has recently vacated the panel's decision in Hunstein v. Preferred Collection & Mgmt. Servs., Inc., ___ F.4th ___, 2021 WL 4998980, at *1 (11th Cir. Oct. 28, 2021), and taken the case en banc. See Hunstein v. Preferred Collection & Mgmt. Servs., Inc., No. 19-14434 (11th Cir. Nov. 17, 2021) ("A judge of this Court having requested a poll on whether this case should be reheard en banc, and a majority of the judges of this Court in active service having voted in favor, the Court sua sponte ORDERS that this case will be reheard en banc. The panel's opinion is VACATED."). The Court finds that the Eleventh Circuit's en banc resolution in Hunstein will have a substantial impact on the case at bar, especially on the issue of Article III standing. Therefore, in the interests of justice and judicial economy, the Court will stay this action pending the Eleventh Circuit's en banc decision in Hunstein. See Miccosukee Tribe of Indians of Florida v. S. Florida Water Mgmt. Dist., 559 F.3d 1191, 1197 (11th Cir. 2009) (explaining that "awaiting a federal appellate decision that is likely to have a substantial or controlling effect on the claims and issues" in the pending lawsuit is "at least a good [reason], if not an excellent one" to stay an action). Accordingly, upon careful review, and upon notification from the parties that they stipulate to a stay of this action, the Court orders that this case be stayed and administratively closed. The parties are directed that, within 30 days of the issuance of the Eleventh Circuit's en banc decision in Hunstein, they must file a notice advising the Court of the same and stating their positions as to whether this matter should be reopened. Signed by Judge Virginia M. Hernandez Covington on 3/16/2022. (SGM)
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| Filing 5 NOTICE by Gulf Coast Collection Bureau, Inc. (Settle, Adam) |
| Filing 4 NOTICE of Local Rule 2.02(a), which requires designation of one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action. File a Notice of Lead Counsel Designation to identify lead counsel. (Signed by Deputy Clerk). (BD) |
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Filing 3
ENDORSED ORDER: In this matter, the Plaintiff alleges a violation of the Fair Debt Collection Practices Act ("FDCPA") due to the Defendant's practice of sharing consumers' personal information with a third-party vendor in pursuit of the collection of a debt. It has come to the Court's attention that, on November 17, 2021, the Eleventh Circuit vacated its panel decision in Hunstein v. Preferred Collection & Mgmt. Servs., Inc., ___ F.4th ___, 2021 WL 4998980, at *1 (11th Cir. Oct. 28, 2021), and ordered that the case be reheard en banc. See Hunstein v. Preferred Collection & Mgmt. Servs., Inc., No. 19-14434 (11th Cir. Nov. 17, 2021). The panel decision in Hunstein held that an alleged violation of 15 U.S.C. 1692c(b) is sufficient to give rise to the concrete injury in fact required for Article III standing, and that a debt collector's transmittal of a consumer's personal information to a third-party dunning vendor was made "in connection with the collection of any debt," in violation of the FDCPA. As that panel decision has now been vacated, it has no precedential value. Accordingly, the parties are directed to file a notice by March 28, 2022, stating whether they believe this matter should be stayed pending the Eleventh Circuit's en banc decision in Hunstein. Signed by Judge Virginia M. Hernandez Covington on 3/15/2022. (SGM)
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| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Sean P. Flynn. New case number: 8:22-cv-0583-VMC-SPF. (SJB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from County Court of the 13th Judicial Circuit in and for Hillsborough County, Florida, case number 22-CC-9447 filed in State Court on February 9, 2022. Filing fee $402, receipt number AFLMDC-19335948 filed by Gulf Coast Collection Bureau, Inc. (Attachments: #1 State Court Complaint Exhibit 1, #2 State Court Docket Sheet Exhibit 2, #3 State Court Other Documents Exhibits 3-8, #4 Civil Cover Sheet)(Settle, Adam) Modified on 3/15/2022 to correct docket text (BD). |
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