KELLYMAN
v.
FAIRWAY INDEPENDENT MORTGAGE CO.
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A magistrate judge granted defendant Fairway Independent Mortgage Co.'s motion to stay proceedings and suspend mediation and scheduling deadlines pending resolution of the defendant's motion to dismiss. The court found the motion to dismiss likely dispositive and noted that plaintiff had raised repeatedly rejected claims.
The court granted the motion to stay. All remaining deadlines in the scheduling order were suspended, and the case was flagged with a stay notation.
“Federal courts . . . have the broad discretion to stay proceedings as part of their inherent authority to control their docket.”
Establishes the legal foundation for a court's power to grant a stay of proceedings.
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Join FLexlaw to unlock all legal intelligencePlaintiff filed a mortgage-related lawsuit against Fairway Independent Mortgage Co. Defendant Fairway moved to suspend the mediation requirement and s…
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Defendant Fairway Independent Mortgage Co. moves “to suspend the mediation requirement and stay unexpired case management and scheduling order deadlines pending a ruling on [its] motion to dismiss." (Doc. 38 at 1.) Plaintiff has not responded, and the time to do so expired. The Court thus considers the matter unopposed. See Local Rule 3.01(c).
"Federal courts have the broad discretion to stay proceedings as part of their inherent authority to control their docket.” Riley v. Rutherford, No. 3:10-CV-644-J-34MCR, 2010 WL 4054140, at *1 (M.D. Fla. Oct. 15, 2010). Considering the arguments presented, and with no opposition, a stay is appropriate. Fairway's pending motion is likely dispositive, thus obviating
the need for protracted litigation. As the Court previously recognized, "Plaintiff has raised claims that have been repeatedly rejected by the courts to avoid repayment of a mortgage he seeks not to repay.” (Doc. 30 at 13.)
Accordingly, Fairway's motion (Doc. 38) is GRANTED. All remaining deadlines in the Court's scheduling order are suspended, and the Clerk is directed to add a stay flag to this case.
ORDERED in Fort Myers, Florida on August 12, 2025.
Kyle C. Dudek United States Magistrate Judge
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Kellyman v. Fairway Indep. Mortg. Co., 2010 WL 4054140 (M.D. Fla. 2025)…d. The Court thus considers the matter unopposed. See Local Rule 3.01(c). “Federal courts . . . have the broad discretion to stay proceedings as part of their inherent authority to control their docket.” Riley v. Rutherford, No. 3:10-CV-644-J-34MCR, 2010 WL 4054140, at *1 (M.D. Fla. Oct. 15, 2010). Considering the arguments presented, and with no opposition, a stay is appropriate. Fairway’s pending motion is likely dispositive, thus obviating the need for protracted litigation. As the Court p…
Authorities Cited
- Kellyman v. Fairway Indep. Mortg. Co., 2010 WL 4054140 (M.D. Fla. 2025)