Mendez

ORDER DENYING DEFENDANT’S MOTION TO STAY CASE

Presently before the Court is Defendant Optio Solutions, LLC’s, doing business as Qualia Collection Services, (“Defendant”) motion to stay the case pending the United States Court of Appeals for the District Court of Columbia Circuit’s decision in ACA International v. Federal Communications Commission, No. 15-1211, which is currently reviewing the Federal Communication Commission’s July 10, 2015, declaratory ruling and order (the “2015 FCC Order”). (Doc. No. 21.) Defendant contends that the disputed issue for review in ACA International, whether the FCC correctly interpreted the definition of an “automated telephone dialing system,” (“ATDS”), bears directly on the viability of Plaintiff Sarah Mendez’s (“Plaintiff’) claims under the Telephone Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”). (Id.) Upon consideration of the parties’ moving papers, the Court finds this motion suitable for determination on the papers without oral argument pursuant to Local Rule 7.1.d.l. Accordingly, the motion hearing presently set for March 30, 2017, is VACATED. Finding the relevant considerations, including the interests of justice, do not support a…