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