Parties in TCPA Case Ask for Stay as Defendant Seeks SCOTUS Review of 6th Circuit Decision
Plaintiff Matthew Dickson and defendant Direct Energy want U.S. District Judge John Adams for Eastern Ohio in Akron to stay all proceedings in Dickson’s remanded Telephone Consumer Protection Act complaint against the utility, said their joint notice Wednesday (docket 5:18-cv-00182).…
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Wednesday was the deadline that Adams imposed for a joint filing from the parties detailing how they think the case should proceed after remand, including a proposed discovery schedule and a deadline for any motion practice (see 2307050002). Good cause exists for the stay while the Supreme Court considers Direct Energy’s forthcoming cert petition seeking review of the 6th Circuit’s reversal of the district court’s order dismissing Dickson’s lawsuit for lack of Article III standing, said the joint notice. The parties “strongly disagree” about whether the 6th Circuit’s decision on Dickson’s standing is correct, it said. Dickson maintains that the 6th Circuit’s decision is correct and need not be reviewed, it said. “But the parties do agree that the most efficient course is to stay all proceedings while the Supreme Court decides the issue,” it said. Absent a stay, the “intervening actions” by the parties and the court, including consideration of Dickson’s pending motion for class certification, “could be unnecessary if they are mooted or modified by the forthcoming Supreme Court review,” it said.