Yesterday, Judge Otis Wright of the Central District of California ordered the Plaintiff in a TCPA class action to show cause why the case shouldn’t be stayed pending the outcome the First Amendment issues before the Ninth Circuit in the Gallion v. Charter Commc’ns, Inc., 287 F. Supp. 3d 920 (C.D. Cal. 2018) appeal. Elliot Pershes v. USA Fitness Center et al., 18-cv-7258-ODW-RAO (“Pershes”).
Remember when we said, “the Telephone Consumer Protection Act (“TCPA”) is the broadest restriction on constitutionally protected speech in our nation’s history?” Of course you do. (Found here.)
Also, remember when we reported about a first-in-the-nation ruling out of the U.S. Central District Court of California staying the Meza v. Sirius Xm Radio, Case No.: 17-cv-2252-AJB-JMA, 2018 U.S. Dist. LEXIS 164601 (S.D. Cal. Sept. 25, 2018) TCPA case pending the outcome Gallion? Yep! (It’s right here, friends.)
A few weeks after the Meza decision, the defense in the Pershes case moved to dismiss the case on the basis that the TCPA is an unconstitutional restriction on free speech in violation of the First Amendment, and alternatively asked the Court to stay the action pending the outcome of the Gallion appeal. Smart move. Per Federal Rule of Civil Procedure 5.1(a), the Defendant also notified the United States Attorney General of its constitutional challenge to a federal statute. Just a few weeks ago, the US AG’s office chimed in stating that it didn’t appear that briefing on the constitutional issue was warranted in light of the pending Gallion appeal and—under those circumstances—agreed that a stay of the case pending the outcome of the appeal was appropriate.
And it looks like the Court is also in agreement. In a short and sweet minute order issued...
