NOEL L. HILLMAN, District Judge.
WHEREAS, Plaintiff, Gino D'Ottavio, filed a putative class action alleging that Defendant, Slack Technologies, transmitted dozens of unsolicited commercial text messages to Plaintiff on Plaintiff's cellular telephone, in violation of the Telephone Consumer Protection Act("TCPA"), 47 U.S.C. § 227 et seq., thereby invading Plaintiff's privacy; and
WHEREAS, Slack filed an answer to Plaintiff's complaint denying his claims and lodging a counterclaim, claiming that Plaintiff abused a feature on Slack's website to deliberately send himself the texts at issue; and
WHEREAS, on April 15, 2019, the Court granted Plaintiff's motion to dismiss his claims against Slack, but denied without prejudice Slack's motion for sanctions, as well as Plaintiff's counsel's motion to withdraw as counsel (Docket No. 36, 37); and
WHEREAS, on July 3, 2019, the Court granted Plaintiff's counsel's motion to withdraw (Docket No. 45); and
WHEREAS, because Slack's counterclaim remained pending for separate adjudication,
WHEREAS, to date, Plaintiff has failed to respond to the Court's Order, and has not otherwise contacted the Court;
THEREFORE,
IT IS on this
ORDERED that Slack Technologies shall commence prosecution of its claims against Plaintiff consistent with the Federal Rules of Civil Procedure.