Filed: Jan. 29, 2019
Latest Update: Jan. 29, 2019
Summary: ORDER GRANTING STIPULATION TO DISMISS ONLY THE SECOND CLAIM FOR RELIEF UNDER THE TELEPHONE CONSUMER PROTECTION ACT AND THE FIFTH CLAIM FOR RELIEF FOR VIOLATIONS OF THE CONSUMER LEGAL REMEDIES ACT [FRCP Rule (a)(1)(A)(ii)] YVONNE GONZALEZ ROGERS , District Judge . Plaintiffs Lynn Slovin, Samuel Katz, Jeffrey Price, and Justin Birkhofer ("Plaintiffs") and Defendants Sunrun, Inc. and Clean Energy Experts, LLC ("Defendants") (collectively, the "Parties"), pursuant to FRCP Rule 41(a)(1)(A)(ii),
Summary: ORDER GRANTING STIPULATION TO DISMISS ONLY THE SECOND CLAIM FOR RELIEF UNDER THE TELEPHONE CONSUMER PROTECTION ACT AND THE FIFTH CLAIM FOR RELIEF FOR VIOLATIONS OF THE CONSUMER LEGAL REMEDIES ACT [FRCP Rule (a)(1)(A)(ii)] YVONNE GONZALEZ ROGERS , District Judge . Plaintiffs Lynn Slovin, Samuel Katz, Jeffrey Price, and Justin Birkhofer ("Plaintiffs") and Defendants Sunrun, Inc. and Clean Energy Experts, LLC ("Defendants") (collectively, the "Parties"), pursuant to FRCP Rule 41(a)(1)(A)(ii), ..
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ORDER GRANTING STIPULATION TO DISMISS ONLY THE SECOND CLAIM FOR RELIEF UNDER THE TELEPHONE CONSUMER PROTECTION ACT AND THE FIFTH CLAIM FOR RELIEF FOR VIOLATIONS OF THE CONSUMER LEGAL REMEDIES ACT
[FRCP Rule (a)(1)(A)(ii)]
YVONNE GONZALEZ ROGERS, District Judge.
Plaintiffs Lynn Slovin, Samuel Katz, Jeffrey Price, and Justin Birkhofer ("Plaintiffs") and Defendants Sunrun, Inc. and Clean Energy Experts, LLC ("Defendants") (collectively, the "Parties"), pursuant to FRCP Rule 41(a)(1)(A)(ii), do hereby STIPULATE AND AGREE to dismiss with prejudice the following two claims from Plaintiffs' operative Third Amended Complaint ("Complaint") ONLY:
1. The Second Claim for Relief for Violation of the Telephone Consumer Protection Act, 47 U.S.C. § 227(b)(1)(B), based on alleged prerecorded calls to landlines; and
2. The Fifth Claim for Relief for Violations of the Consumer Legal Remedies Act.
Such dismissal is without prejudice to the absent class members that Plaintiffs sought to represent as to these claims. All other claims alleged in the Complaint will remain at issue.
Pursuant to Local Rule 5-4.3.4(a)(2)(i), I attest that all other signatories listed, and on whose behalf the filing is submitted, concur in the filing of this stipulation and have authorized the filing of this stipulation.
ORDER
Pursuant to stipulation, the Second Claim for Relief for Violation of the Telephone Consumer Protection Act, 47 U.S.C. § 227(b)(1)(B), based on alleged prerecorded calls to landlines; and the Fifth Claim for Relief for Violations of the Consumer Legal Remedies Act are DISMISSED WITHOUT PREJUDICE as to the absent class members.
IT IS SO ORDERED.
