1 UNITED STATES DISTRICT COURT

2 DISTRICT OF NEVADA

3 WAYNE MAHNKE, ) 4 ) Plaintiff, ) Case No.: 2:20-cv-00545-GMN-VCF 5 vs. ) ) ORDER 6 CAPITAL ONE, N.A., ) 7 ) Defendant. ) 8 ) 9 10 Pending before the Court is Defendant Capital One, NA.’s (“Defendant’s”) Motion to 11 Stay Case, (ECF No. 11). Defendant requests that the Court stay proceedings until the United 12 States Supreme Court issues its decision in Barr v. Am. Assoc. of Political Consultants, Inc., et 13 al.,

(2020) (“AAPC”). Defendant explains that the Supreme Court’s decision in 14 AAPC will address the constitutionality of the Telephone Consumer Protection Act (“TCPA”), 15 and resolution of that issue could decide if the claims in this case arising from the TCPA can 16 proceed. (Mot. Stay 4:16–18, ECF No. 11). Plaintiff Wayne Mahnke (“Plaintiff”) has not filed 17 a response since Defendant filed its Motion to Stay Case on May 12, 2020, and Defendant filed 18 a Notice of Plaintiff’s non-opposition on June 10, 2020. (Not. Non-Opposition, ECF No. 13). 19 The Court finds that a stay of proceedings is appropriate until the Supreme Court issues 20 its ruling in Barr v. Am. Assoc. of Political Consultants, Inc., et al.,

(2020). 21 Staying proceedings prevents unnecessary expenses and conserves judicial resources. The 22 current filings in this matter do not reveal Plaintiff’s need for expedited resolution of claims or 23 a likelihood of prejudice if a stay occurred. (See Mot. Stay 5:21–22) (stating, “Plaintiff is no 24 longer receiving calls”). See, e.g., Lacy v. Comcast Cable Commc’ns, LLC, No. 3:19-CV- 25 05007-RBL,

, at *2 (W.D. Wash. Apr. 28, 2020) (“Balancing these interests, 1 this Court joins the other district courts that have briefly stayed TCPA cases pending the 2 Supreme Court’s decision in AAPC.”). Accordingly, 3 IT IS HEREBY ORDERED that Defendant’s Motion to Stay Case, (ECF No. 11), is 4 GRANTED. 5 IT IS FURTHER ORDERED that, upon the United States Supreme Court’s decision in 6 Barr v. Am. Assoc. of Political Consultants, Inc., et al.,

(2020), Defendant or the 7 parties jointly shall file a Motion to lift the stay. 8 IT IS FURTHER ORDERED that, if the United States Supreme Court has not issued a 9 decision in AAPC by October 1, 2020, Defendant or the parties jointly shall file a status report 10 with the Court briefly explaining how a stay remains appropriate. 12 11 DATED this _____ day of June, 2020. 12 13 ___________________________________ Gloria M. Navarro, District Judge 14 United States District Court 15 16 17 18 19 20 21 22 23 24 25