Brickman v. Facebook, Inc.

Filing 67

ORDER Requiring Supplemental Briefing, Continuing Hearing on Defendant's Motion to Dismiss, and Continuing Case Management Conference. Plaintiff's Supplemental Brief due by 11/21/2016. Response due by 11/28/2016. Motion Hearing and Initial Case Management Conference set for 12/12/2016 at 10:00 AM in Courtroom 2, 17th Floor, San Francisco before Hon. Thelton E. Henderson. Signed by Judge Thelton E. Henderson on 11/10/2016. (tehlc2, COURT STAFF) (Filed on 11/10/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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COLIN R. BRICKMAN,
Plaintiff,

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v.

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FACEBOOK, INC.,
Defendant.

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Case No. 16-cv-00751-TEH
ORDER REQUIRING
SUPPLEMENTAL BRIEFING,
CONTINUING HEARING ON
DEFENDANT’S MOTION TO
DISMISS, AND CONTINUING CASE
MANAGEMENT CONFERENCE

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One of the issues raised by Defendant Facebook, Inc. (“Facebook”) in its pending

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United States District Court
Northern District of California

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motion to dismiss is the constitutionality of the Telephone Consumer Protection Act

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(“TCPA”). Facebook argues that, because the statute’s exceptions draw distinctions based

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on the message a speaker conveys, it is content-based and therefore subject to strict

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scrutiny under Reed v. Town of Gilbert, 135 S. Ct. 2218 (2015). Plaintiff argues that

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intermediate scrutiny applies to the TCPA but fails to address whether the statute and its

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exceptions would pass strict scrutiny.
To ensure a full record if the Court ultimately determines that strict scrutiny applies,

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IT IS HEREBY ORDERED that Plaintiff shall file, by November 21, 2016, a

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supplemental brief of no more than eight pages discussing whether the TCPA and its

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exceptions would pass strict scrutiny. Facebook may file a response of no more than five

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pages by November 28, 2016. The hearing on Facebook’s motion and the parties’ initial

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case management conference is continued to December 12, 2016, at 10:00 AM, in

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Courtroom 2, 17th Floor, San Francisco.

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IT IS SO ORDERED.

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Dated:

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THELTON E. HENDERSON
United States District Judge