Larson v. Harman-Management Corporation et al

Filing 164

ORDER GRANTING MOTION FOR LEAVE TO FILE NOTICE OF SUPPLEMENTAL AUTHORITY, 163 . The court grants all parties leave to submit additional, simultaneous briefing addressing the Ninth Circuit's recent decision in Marks, not to exceed ten (10) pages in length within fourteen (14) days of the service of this order. The hearing on said motion set for October 23, 2018, is VACATED. Order signed by District Judge Dale A. Drozd on 10/2/2018. (Timken, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CORY LARSON, on behalf of himself and
all others similarly situated,
Plaintiff,

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No. 1: 16-cv-00219-DAD-SKO

ORDER GRANTING MOTION FOR
LEAVE TO FILE NOTICE OF
SUPPLEMENTAL AUTHORITY

v.
HARMAN-MANAGEMENT
CORPORATION and 3SEVENTY, INC.,

(Doc. No. 163)

Defendants.

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Plaintiff Cory Larson (“plaintiff”) filed the complaint in this action on February 17, 2016,

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naming Harman-Management Corporation and 3Seventy, Inc. (“defendants”) and alleging

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violations of the Telephone Consumer Protection Act, 47 U.S.C. § 227, et seq. (the “TCPA”).

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(Doc. No. 1.) On May 15, 2018, the parties appeared for a motions hearing regarding plaintiff’s

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motion for class certification (Doc. No. 98), defendant 3Seventy, Inc.’s motion for summary

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judgment (Doc. No. 101), and defendant Harman-Management Corporation’s (“HMC”) motion

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for summary judgment (Doc. No. 128).

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On September 26, 2018, plaintiff filed a motion for leave to file notice of supplemental

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authority, citing the Ninth Circuit’s September 20, 2018 decision in Marks v. Crunch San Diego,

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LLC, No. 14-56834, 2018 WL 4495553 (9th Cir. Sept. 20, 2018). (Doc. No. 163.) Plaintiff states
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that Marks provides controlling authority regarding the definition of an “automatic telephone

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dialing system” under the TCPA and seeks leave to file a Notice of Supplemental Authority

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addressing Marks.” (Id. at 2.) Defendants do not oppose plaintiff’s request to file supplemental

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authority. (Id.)

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Finding good cause, the court grants all parties leave to submit additional, simultaneous

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briefing addressing the Ninth Circuit’s recent decision in Marks, not to exceed ten (10) pages in

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length within fourteen (14) days of the service of this order.

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IT IS SO ORDERED.

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Dated:

October 2, 2018
UNITED STATES DISTRICT JUDGE

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