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MMS Group LLC v. Buddy's Franchising and Licensing, LLC
6:24-mc-00002
M.D. Fla.
Mar 21, 2024
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Background

  • The case involves an underlying arbitration between MMS Group LLC (plaintiff) and Buddy’s Franchising and Licensing, LLC and Franchise Group, Inc. (defendants), with the arbitration panel issuing non-party subpoenas to W.S. Badcock LLC and American Freight, LLC.
  • The court is considering Badcock and American Freight's motion for protective order and to quash these non-party arbitration subpoenas.
  • A Report and Recommendation was issued recommending the subpoenas be quashed; objections to this report are pending.
  • MMS Group requested a stay of these court proceedings, arguing that it has filed a separate motion to enforce settlement in the arbitration, and the arbitration has been stayed pending that motion.
  • Badcock and American Freight oppose the stay, arguing the issue pending before the court is narrow (the subpoenas), and they seek a prompt and definitive ruling.
  • The court is tasked only with resolving issues concerning non-party subpoenas, not the merits of the broader arbitration or the settlement enforcement motion.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether to stay this proceeding on the basis of a pending motion to enforce settlement in related arbitration Stay is warranted to avoid waste if arbitration is resolved, would advance judicial economy, and no prejudice results. Oppose stay as the court issue (non-party subpoenas) is independent, minimal burden left, and non-party status entitles them to a ruling. Motion to stay denied.

Key Cases Cited

  • Clinton v. Jones, 520 U.S. 681 (district courts have broad discretion to stay proceedings)
  • Landis v. North American Co., 299 U.S. 248 (stay authority grounded in the court's inherent docket management power)
  • Chudasama v. Mazda Motor Corp., 123 F.3d 1353 (Eleventh Circuit addressing discovery stays)
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Case Details

Case Name: MMS Group LLC v. Buddy's Franchising and Licensing, LLC
Court Name: District Court, M.D. Florida
Date Published: Mar 21, 2024
Docket Number: 6:24-mc-00002
Court Abbreviation: M.D. Fla.