BRICKMAN v. FACEBOOK, INC., 16-cv-00751-TEH. (2016)
Court: District Court, N.D. California
Number: infdco20161114l60
Visitors: 9
Filed: Nov. 10, 2016
Latest Update: Nov. 10, 2016
Summary: ORDER REQUIRING SUPPLEMENTAL BRIEFING, CONTINUING HEARING ON DEFENDANT'S MOTION TO DISMISS, AND CONTINUING CASE MANAGEMENT CONFERENCE THELTON E. HENDERSON , District Judge . One of the issues raised by Defendant Facebook, Inc. ("Facebook") in its pending motion to dismiss is the constitutionality of the Telephone Consumer Protection Act ("TCPA"). Facebook argues that, because the statute's exceptions draw distinctions based on the message a speaker conveys, it is content-based and therefore
Summary: ORDER REQUIRING SUPPLEMENTAL BRIEFING, CONTINUING HEARING ON DEFENDANT'S MOTION TO DISMISS, AND CONTINUING CASE MANAGEMENT CONFERENCE THELTON E. HENDERSON , District Judge . One of the issues raised by Defendant Facebook, Inc. ("Facebook") in its pending motion to dismiss is the constitutionality of the Telephone Consumer Protection Act ("TCPA"). Facebook argues that, because the statute's exceptions draw distinctions based on the message a speaker conveys, it is content-based and therefore ..
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ORDER REQUIRING SUPPLEMENTAL BRIEFING, CONTINUING HEARING ON DEFENDANT'S MOTION TO DISMISS, AND CONTINUING CASE MANAGEMENT CONFERENCE
THELTON E. HENDERSON, District Judge.
One of the issues raised by Defendant Facebook, Inc. ("Facebook") in its pending motion to dismiss is the constitutionality of the Telephone Consumer Protection Act ("TCPA"). Facebook argues that, because the statute's exceptions draw distinctions based on the message a speaker conveys, it is content-based and therefore subject to strict scrutiny under Reed v. Town of Gilbert, 135 S.Ct. 2218 (2015). Plaintiff argues that intermediate scrutiny applies to the TCPA but fails to address whether the statute and its exceptions would pass strict scrutiny.
To ensure a full record if the Court ultimately determines that strict scrutiny applies, IT IS HEREBY ORDERED that Plaintiff shall file, by November 21, 2016, a supplemental brief of no more than eight pages discussing whether the TCPA and its exceptions would pass strict scrutiny. Facebook may file a response of no more than five pages by November 28, 2016. The hearing on Facebook's motion and the parties' initial case management conference is continued to December 12, 2016, at 10:00 AM, in Courtroom 2, 17th Floor, San Francisco.
IT IS SO ORDERED.
Source: Leagle
