Hernandez v. eXp Realty LLC

6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 7 AT SEATTLE RAFAEL HERNANDEZ, individually and CASE NO. C19-1882 RSM on behalf of all others similarly situated, 9 ORDER GRANTING MOTION TO STAY Plaintiff, v. EXP REALTY LLC, Defendants.

14 This matter is before the Court on Defendant EXP Realty, LLC’s Motion to Stay Proceedings or in the Alternative to Stay Discovery. Dkt. #21. Defendant requests a stay of these proceedings pending a result in Duguid v. Facebook Inc., 923 F.3d 1146 (9th Cir. 2019), cert. granted (No. 19-511). Defendant represents that in Duguid the United States Supreme Court will consider the definition of an “automatic telephone dialing system” under the TCPA and that the case will have a direct impact on this action. Plaintiff has not responded to Defendant’s motion and the Court accepts this as an admission that the motion has merit. See 21 LCR 7(b)(2) (“Except for motions for summary judgment, if a party fails to file papers in opposition to a motion, such failure may be considered by the court as an admission that the motion has merit.”).

1 Accordingly, having considered Defendant’s motion and the remainder of the record, the Court hereby finds and ORDERS that: 3 1. Defendant EXP Realty, LLC’s Motion to Stay Proceedings or in the Alternative to Stay 4 Discovery (Dkt. #21) is GRANTED.

5 2. This matter is STAYED pending the Supreme Court’s resolution of Duguid v. Facebook 6 Inc., 923 F.3d 1146 (9th Cir. 2019), cert. granted (No. 19-511).

7 3. The parties shall promptly notify the Court of any material change in the status of Duguid 8 by filing a Joint Status Report advising the Court whether this matter should remain 9 stayed. If Duguid has not been resolved by the Supreme Court as of January 1, 2021, the 10 parties shall file a Joint Status Report indicating the status of the case and whether this 11 matter should remain stayed. Thereafter, the parties shall file a Joint Status Report 12 updating the Court at least once every six months until Duguid is resolved.

13 Dated this 8th day of September, 2020.

RICARDO S. MARTINEZ 17 CHIEF UNITED STATES DISTRICT JUDGE