PLAINTIFF'S CASE MANAGEMENT CONFERENCE STATEMENT AND REQUEST FOR A CONTINUANCE OF CURRENT CASE MANAGEMENT CONFERENCE and ORDER

Dept. No. 6

CHARLES R. BREYER, District Judge.

Plaintiff, MICHAEL RIGHETTI, by and through his counsel of record, hereby submits the following Case Management Conference Statement and request for a Continuance ofthe Case Management Conference currently set for August 21, 2015.

I. FACTS AND PROCEDURAL HISTORY

1. On May 19, 2015, Plaintiff filed his initial Complaint in this action alleging violations of the Telephone Consumer Protection Act ("TCPA") 47 U.S.C. §227. See, Docket Number ("DN") 1. Plaintiff alleges that Defendant violated the TCPA by sending him a text message to his cellular phone without his express consent to do so. The making of such spam text messages to cellular telephones without the recipients' consent violates 47 U.S.C. § 227(b)(1)(A)(iii). This case is filed as a class action on behalf of the following proposed class:

Pursuant to 47 U.S.C. § 227(b)(3), Plaintiff seeks statutory damages on behalf o himself and the proposed class in the amount of $500 in statutory damages for eac violation of the TCPA. In addition, if the court finds that the Defendants willfully o knowingly violated the TCPA, the Court may, in its discretion, increase the amount ofth award to an amount equal to not more than 3 times the amount available under 47 U.S.C. §227(b)(3)

Following the filing of the initial Complaint, Plaintiff attempted to serve th summons and Complaint on the resident agent of Defendant on 11 separate occasions. See, Exhibit 1. To date, Plaintiff has been unable to serve Defendant with the Complain and Summons.

After conducting additional research and investigation into the allegations raised i the Complaint, on August 10, 2015, Plaintiff filed a First Amended Complaint adding an additional Defendant, Jerome Giles. Through additional investigation, Plaintiff was abl to determine that the Defendant, TeleQuery.Net, Inc., is a Delaware Corporation. As result, Plaintiff is in the process of serving a copy of the Amended Complaint an Summons on Defendant's resident agent on file with the Delaware Secretary of State.

2. REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE

Due to the fact that a First Amended Complaint was recently filed in this action Plaintiff has been unable to serve either of the Defendants as of this date, and n Defendant has made an appearance in this action, Plaintiff respectfully requests that th Case Management Conference currently set for August 21, 2015, be continued unti October 23, 2015. This will allow Plaintiff sufficient time to effectuate service of th First Amended Complaint and also allow the Defendants time to enter an appearance i this action. A Continuance is also requested in order to allow the parties sufficient time t meaningfully meet and confer and prepare a joint Case Management Conferenc Statement.