A district court in Florida quickly denied a motion by Whole Foods Market Group Inc. to stay a proposed class action under the Fair Credit Reporting Act until the Supreme Court rules on the pending matter in Spokeo, Inc. v. Robins, which addresses issues of claimed statutory violations.  Whole Foods argued that the proposed class action it is facing regarding employment background screenings implicated similar issues, counseling in favor of a stay.   

The district court rejected Whole Food’s argument, saying that the court “has no way of divining” how the United States Supreme Court will rule in the Spokeo case or if the ruling will affect the plaintiff’s standing.  “The court concludes, therefore, consistent with established Eleventh Circuit precedent that a grant of certiorari by the Supreme Court does not change the law and does not constitute new law, that a stay of these proceedings to await a decision from the Supreme Court in Spokeo is not warranted.” 

Troutman Sanders, LLP will continue to monitor the outcome of similar requests, as well as the Spokeo decision itself.