Bowens v. Convergent Outsourcing, Inc.

Filing 46

ORDER and REASONS denying 24 Motion for Summary Judgment, as stated within document. Signed by Chief Judge Kurt D. Engelhardt on 10/23/2017. (NEF: MAG-3) (cbs)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
KAREN BOWENS

CIVIL ACTION

VERSUS

NO. 16-16752

CONVERGENT OUTSOURCING, INC

SECTION "N" (3)

ORDER AND REASONS
Presently before the Court is the motion for summary judgment (Rec. Doc. 24) filed
by Plaintiff, Karen Bowens, who alleges that Defendant, Convergent Outsourcing Inc., committed
violations of the Telephone Consumer Protection Act, 47 U.S.C. § 227, et seq., by using an
automatic telephone dialing system and pre-recorded message to call Plaintiff’s cell phone number
without Plaintiff’s prior consent.
Having carefully considered the parties' competing submissions and applicable law,
the Court finds that Plaintiff's motion must be denied. Construing Defendant's submissions in its
favor, as Rule 56 of the Federal Rules of Civil Procedure requires at this juncture, the Court, on the
instant showing made, is not in a position to conclude, as a matter of law, that Plaintiff did not
consent to Defendant's use of her cell phone number. Rather, the declarations of Shannon Picchione
and Jeff Hunter, considered together with Dish Network's account records, create a genuine dispute
of material fact as to whether Plaintiff provided her cell phone number to a Dish Network
representative, in August 2014, for account-related purposes. See Rec. Doc. 39-3 at ¶¶ 5 and 7; Rec.

Doc. 39-4 at ¶¶ 8 and 9; Rec. Doc. 39-2, p. 9 of 34 and pp. 19-21 of 34. Accordingly, IT IS
ORDERED that "Plaintiff's Motion for Summary Judgment" (Rec. Doc. 24) is DENIED.
New Orleans, Louisiana, this 23rd day of October 2017.

_____________________________________
KURT D. ENGELHARDT
United States District Judge

Clerk to Copy:
Magistrate Judge Knowles

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