Friday, September 1, 2023
So there is something about El Paso, TX.
The heat, it seems. brings out both the rattlesnakes and the far more dangerous TCPA litigators.
El Paso is already home of two famous TCPA Plaintiffs. But let’s not forget the plaintiff who has filed at least dozens–and probably more–TCPA suits.
Well one of her more recent suits was just dismissed–even though the Defendant apparently did not show up in the case.
In Arredondo v. Sunlife Power, LLC, 2023 WL 5617811 (W.D. Tex. Aug. 30, 2023) a court dismissed Arredondo’s complaint against Sunlife Power related to alleged illegal robocalls under the TCPA.
The Court had set an August 23, 2023 deadline for her to seek a default against the Defendant–that had apparently not shoed up in the case. When Plaintiff blew the deadline the Court went ahead and threw the case out.
Plaintiff had previously tried to amend the complaint twice before to add new parties but failed to follow the local rules of the court and otherwise abide the court’s scheduling order. So out the case goes.
Just goes to show that even the professional plaintiff stumbles once in a while. Will keep an eye on this.
© 2023 Troutman Amin, LLPNational Law Review, Volume XIII, Number 244
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