Taylor et al v. Acxiom Corporation et al

Filing 97

REPLY to Response to Motion to Dismiss on Common Iusses and Response to Plaintiff's Statement of Violations of hte Driver Policy Protection Act filed by Continueded.com, LLC. (Grau, James)

Taylor et al v. Acxiom Corporation et al

Doc. 97

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION
SHARON TAYLOR, ET AL. VERSUS ACXIOM CORPORATION, ET AL. AND SHARON TAYLOR, ET AL. VERSUS ACS STATE & LOCAL SOLUTIONS, INC., ET AL. AND SHARON TAYLOR, ET AL. VERSUS TEXAS FARM BUREAU MUTUAL INSURANCE COMPANY, ET AL. AND SHARON TAYLOR, ET AL. VERSUS SAFEWAY, INC., ET AL. AND SHARON TAYLOR, ET AL. VERSUS BIOMETRIC ACCESS COMPANY, ET AL. AND SHARON TAYLOR, ET AL. VERSUS FREEMAN PUBLISHING COMPANY CIVIL ACTION NO. 2:07cv0410 JUDGE DONALD E. WALTER CIVIL ACTION NO. 2:07cv0018 JUDGE DONALD E. WALTER CIVIL ACTION NO. 2:07cv0017 JUDGE DONALD E. WALTER CIVIL ACTION NO. 2:07cv0014 JUDGE DONALD E. WALTER CIVIL ACTION NO. 2:07cv0013 JUDGE DONALD E. WALTER CIVIL ACTION NO. 2:07cv001 JUDGE DONALD E. WALTER

Defendant Idrivesafely.com's Reply to Plaintiffs' Response To Defendant's Supplement to Motion to Dismiss

1

Dockets.Justia.com

DEFENDANT CONTINUEDED.COM, LLC d.b.a. IDRIVE SAFELY.COM'S REPLY TO PLAINTIFFS'S RESPONSE TO DEFENDANT CONTINUEDED.COM. LLC.'s D/B/A IDRIVESAFELY.COM'S SUPPLEMENT TO CONSOLIDATED MOTION TO DISMISS ON COMMON ISSUES AND RESPONSE TO PLAINTIFF'S STATEMENT OF VIOLATIONS OF THE DRIVER PRIVACY PROTECTION ACT TO THE HONORABLE UNITED STATES DISTRICT COURT: Defendant Continueded.com, LLC, d/b/a Idrivesafely.com ("Defendant") files this Reply to Plaintiffs' Response to Defendant Continueded.Com. LLC.'s D/B/A IDrivesafely.Com's Supplement To Consolidated Motion To Dismiss On Common Issues And Response To Plaintiff's Statement Of Violations Of The Driver Privacy Protection Act in support thereof would show the Court the following: I. This Defendant has joined in and adopts by reference pursuant to Rule 10(c) the Defendants' Consolidated Motion To Dismiss On Common Issues And Response To Plaintiffs' Statement Of Violations filed in this cause on April 18, 2008 which addresses common issues of law and fact among a number of the defendants with respect to grounds for dismissal of the Plaintiffs' claims under Rules 12(b) (1) and 12(b) (6). This Defendant has also joined in and adopts by reference the Defendants' Consolidated Reply to Plaintiffs' Response to Motion to Dismiss on Common Issues and Response to Plaintiffs' Statement of Violations filed in this cause on May 15, 2008. This Defendant also re-urges and adopts by reference pursuant to Rule 10(c) its Motion to Dismiss Under Rule 12(b)(6), Motion for Judicial Notice and In the Alternative, Motion for More Definite Statement Under Rule 12(e) filed in this cause on April 5, 2007.
1

The intent of

Defendant re-urges this motion save and except that portion of the motion dealing with Defendant's request for a more definite statement under Rule 12(e) which the Court ruled moot in its Minute Order signed March 4, 2008.
Defendant Idrivesafely.com's Reply to Plaintiffs' Response To Defendant's Supplement to Motion to Dismiss 2

1

this supplemental reply is to briefly address those specific issues raised by Plaintiffs in their Response to Defendant ContinuedEd.Com. LLC.'s d/b/a IDrivesafely.Com's Supplement to Consolidated Motion to Dismiss on Common Issues and Response to Plaintiff's Statement of Violations of the Driver Privacy Protection Act hereinafter the "Response," relating to their purported claims against this Defendant.2

II.

In its Response, Plaintiffs have chosen to lump this Defendant into a category of purchasers of motor vehicle records they call "Convenience Purchasers." While catchy, this term has apparently been made up out of whole cloth by Plaintiffs in that it has neither basis in the DPPA nor any authority thus far interpreting the DPPA. Plaintiffs use the term in connection with this Defendant to attempt to distract the Court from the fact that they cannot and do not dispute that any personal information obtained by Defendant pertinent to any party to this cause, in bulk or otherwise, was obtained for a proper purpose under the DPPA. In reality the bulk purchase of driver information by Defendant from the DPS is an inconvenience for Defendant in operating its driver safety courses on behalf of the Texas Education Agency. This is however the way the DPS has chosen to make this information available to potential purchasers. Access to individual driver information through a "portal" such as that provided by the Texas Department of Transportation is much more efficient than having to sort through bulk information to authenticate the identify of the driver taking Defendant's course within the 90 second time limit mandated

Defendant Idrivesafely.com's Reply to Plaintiffs' Response To Defendant's Supplement to Motion to Dismiss

3

by the TEA. Experience has also shown Defendant that driver and motor vehicle records in Texas are the single most reliable and comprehensive databases available to Defendant to insure that it performs its role of providing driving safety courses on behalf of the Texas Education Agency properly.

WHEREFORE, PREMISES CONSIDERED, Defendant Continueded.com, LLC, d/b/a Idrivesafely.com, respectfully request that this Court grant its Motion to Dismiss and enter an order Dismissing Plaintiffs' claims.

Defendant Idrivesafely.com's Reply to Plaintiffs' Response To Defendant's Supplement to Motion to Dismiss

4

Respectfully submitted,

__/s/ James W. Grau________ Attorney in Charge JAMES W. GRAU State Bar No: 08306350 SCOTT A. WHISLER State Bar No. 21272900

GRAU KOEN, P.C. 2711 N. Haskell Avenue Suite 2000 Dallas, Texas 75204 [phone] [phone]-Fax [e-mail]

HAL M. BROWNE State Bar No. 03213500 LAW OFFICES OF HAL BROWNE 6008 Fieldstone Drive Dallas, Texas 75252 [phone] [phone]-Fax [e-mail] ATTORNEYS FOR DEFENDANT CONTINUEDED.COM LLC, D/B/A IDRIVESAFELY.COM

Defendant Idrivesafely.com's Reply to Plaintiffs' Response To Defendant's Supplement to Motion to Dismiss

5

CERTIFICATE OF SERVICE

I certify that a true and correct copy of the above and foregoing document has been provided to counsel for Plaintiffs via electronic filing and to all known counsel of record for the Defendants on the 19th day of May, 2008.

/s/ James W. Grau
JAMES W. GRAU

Defendant Idrivesafely.com's Reply to Plaintiffs' Response To Defendant's Supplement to Motion to Dismiss

6