In Rivera v. Exeter Finance Corp., 2016 WL 374523, at *3 (D.Colo., 2016), Judge Hegarty declined to stay a TCPA class action pending the outcome of the ACA proceedings in the DC Circuit.
Finally, the parties note that other courts have addressed this precise issue with regard to the appeal of the latest FCC Ruling. The cases have gone both directions. Compare Lee v. LoanDepot.com, LLC, 2015 WL 5032175, *3 (D. Kan. Aug. 25, 2015), Nussbaum v. Diversified Consultants, Inc., 2015 WL 5707147, *3 (D.N.J. Sept. 28, 2015) and Lathrop v. Uber Technologies, Inc., 2016 WL 97511, *5 (N.D. Cal. Jan. 8, 2016) with Fontes v. Time Warner Cable Inc., 2015 WL 9272790, *5 (D.C. Cal. Dec. 17, 2015), Kolloukian v. Uber Technologies, Inc., 2015 WL 9598782, *1 (C.D. Cal. Dec. 14, 2015) and Acton v. Intellectual Cap. Mgmt., Inc., 2015 WL 9462110, *3 (E.D.N.Y. Dec. 28, 2015). This is simply another example of courts exercising their authority and making a particularized determination based on the facts before them. Therefore, weighing the factors necessary to consider whether to grant the requested stay, the Court finds that Defendant’s request must be denied. The Court cannot justify the imposition of an indefinite stay of discovery in this matter in light of the limited scope of discovery that the Court has already imposed at Defendant’s request.