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ROSSELL v. THE WEATHER CHANNEL, LLC, 12-cv-04098-SBA. (2012)

Court: District Court, N.D. California Number: infdco20121217597 Visitors: 1
Filed: Dec. 14, 2012
Latest Update: Dec. 14, 2012
Summary: JOINT STIPULATION AND ORDER OF DISMISSAL CLASS ACTION SAUNDRA BROWN ARMSTRONG, District Judge. Plaintiff Michael Rossell ("Plaintiff") and Defendant The Weather Channel, LLC ("Defendant"), pursuant to Civil Local Rule 7-12 and Federal Rule of Civil Procedure 41(a), hereby stipulate as follows: 1. On August 2, 2012, Plaintiff filed his Class Action Complaint against Defendant. 2. On September 17, 2012, pursuant to stipulation by the Parties, the Court entered an Order staying this matter unti
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JOINT STIPULATION AND ORDER OF DISMISSAL CLASS ACTION

SAUNDRA BROWN ARMSTRONG, District Judge.

Plaintiff Michael Rossell ("Plaintiff") and Defendant The Weather Channel, LLC ("Defendant"), pursuant to Civil Local Rule 7-12 and Federal Rule of Civil Procedure 41(a), hereby stipulate as follows:

1. On August 2, 2012, Plaintiff filed his Class Action Complaint against Defendant.

2. On September 17, 2012, pursuant to stipulation by the Parties, the Court entered an Order staying this matter until the Federal Communication Commission ("FCC") ruled on a petition that addressed the issue central to this case. (Dkt. 14.)

3. On November 29, 2012, the FCC ruled on the petition and found that, with exceptions, "confirmatory" text messages do not violate the Telephone Consumer Protection Act ("TCPA").

4. The Parties agree that this matter should now be dismissed.

NOW, THEREFORE, the Parties hereby stipulate and agree that, pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, this entire action shall be, and is, dismissed, with each party to bear its own fees and costs.

IT IS SO STIPULATED.

PURSUANT TO STIPULATION, IT IS SO ORDERED.

Source:  Leagle

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