Michael Righetti v. TeleQuery.Net, Inc.

Filing 20

ORDER re 18 Case Management Statement filed by Michael Righetti Case Management Statement due by 10/16/2015. Initial Case Management Conference reset for 10/23/2015 08:30 AM in Courtroom 6, 17th Floor, San Francisco. Signed by Judge Charles R. Breyer on 8/17/2015. (beS, COURT STAFF) (Filed on 8/18/2015)

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CHARLES A. JONES ESQ. {SBN 224915}
KELLY MCINERNEY ESQ. {SBN 200017}
JONES LAW FIRM
9585 Prototype Court, Suite B
Reno, Nevada 89521
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

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Attorneys for Plaintiff, individually, and on behalf of others similarly situated
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MICHAEL RIGHETTI, on behalf of
herself and all similarly situated persons,

Case No.: 3:15-cv-02243-CRB
Dept. No. 6

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Plaintiff,

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vs.

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TeleQuery.Net, Inc. and Jerome Gilels

PLAINTIFF'S CASE
MANAGEMENT CONFERENCE
STATEMENT AND REQUEST FOR
A CONTINUANCE OF CURRENT
CASE MANAGEMENT
CONFERENCE and ORDER

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Defendants

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Date: August 21, 2015
Time: 8:30a.m.

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Plaintiff, MICHAEL RIGHETTI, by and through his counsel of record, hereby

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submits the following Case Management Conference Statement and request for a

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Continuance ofthe Case Management Conference currently set for August 21, 2015.

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I.

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FACTS AND PROCEDURAL HISTORY
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On May 19, 2015, Plaintiff filed his initial Complaint in this action

alleging violations of the Telephone Consumer Protection Act ("TCPA") 47 U.S.C.

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PLAINTIFF'S CASE MANAGEMENT CONFERENCE STATEMENT

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§227. See, Docket Number ("DN") 1. Plaintiff alleges that Defendant violated the

2 TCP A by sending him a text message to his cellular phone without his express consent
3 to do so. The making of such spam text messages to cellular telephones without the
4 recipients' consent violates 47 U.S.C. § 227(b)(1)(A)(iii). This case is filed as a class
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action on behalf of the following proposed class:

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All persons in the United States or its territories who, within the last four
years, received a text message on their cellular phone, which was made by or
caused to be made by Defendants, using an automatic telephone dialing
system.

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Pursuant to 47 U.S.C. § 227(b)(3), Plaintiff seeks statutory damages on behalf o

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himself and the proposed class in the amount of $500 in statutory damages for eac

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violation of the TCPA. In addition, if the court finds that the Defendants willfully o

13 knowingly violated the TCPA, the Court may, in its discretion, increase the amount ofth
14 award to an amount equal to not more than 3 times the amount available under 47 U.S.C.
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§227(b)(3)

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Following the filing of the initial Complaint, Plaintiff attempted to serve th

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summons and Complaint on the resident agent of Defendant on 11 separate occasions.

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See, Exhibit 1. To date, Plaintiff has been unable to serve Defendant with the Complain

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After conducting additional research and investigation into the allegations raised i

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the Complaint, on August 10, 2015, Plaintiff filed a First Amended Complaint adding an

22 additional Defendant, Jerome Giles. Through additional investigation, Plaintiff was abl
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to determine that the Defendant, TeleQuery.Net, Inc., is a Delaware Corporation. As

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result, Plaintiff is in the process of serving a copy of the Amended Complaint an

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Summons on Defendant's resident agent on file with the Delaware Secretary of State.

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2.

REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE

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PLAINTIFF'S CASE MANAGEMENT CONFERENCE STATEMENT

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Due to the fact that a First Amended Complaint was recently filed in this action

2 Plaintiff has been unable to serve either of the Defendants as of this date, and n
3 Defendant has made an appearance in this action, Plaintiff respectfully requests that th
4 Case Management Conference currently set for August 21, 2015, be continued unti
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October 16, 2015. This will allow Plaintiff sufficient time to effectuate service of th
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First Amended Complaint and also allow the Defendants time to enter an appearance i

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this action. A Continuance is also requested in order to allow the parties sufficient time t

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meaningfully meet and confer and prepare a joint Case Management Conferenc

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Statement.

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Respectfully Submitted,
JONES LAW FIRM

Dated: August14, 2015

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sf Charles A. Jones
Charles A. Jones, Esq.

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Attorneys for Plaintiff

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Judge C

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Signed: 8/17/2015

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PLAINTIFF'S CASE MANAGEMENT CONFERENCE STATEMENT