Monty J. Booth, Attorney at Law, P.S. v. AppStack, Inc.

Filing 115

ORDER by Judge James L. Robart. The court GRANTS in part and DENIES in part Defendants' motion to decertify both classes (Dkt. # 101 ), DENIES Defendants' motion for partial summary judgment (Dkt. # 69 ), GRANTS in part and DENIES in part Plaintiffs' motion for summary judgment (Dkt. # 77 ), GRANTS the parties' stipulated motion to seal (Dkt. # 97), and GRANTS in part and DENIES in part the various motions to strike. More specifically, the court DECERTIFIES the WADAD Class , leaving Booth Law's individual claims against Defendants for trial. The court GRANTS the TCPA Class summary judgment against Appstack on its prima facie case, but Appstack's affirmative defense of consent and the issues of willfulness and damages remain for trial. The court DENIES summary judgment on Individual Defendants' liability to the TCPA Class. The court will separately issue a minute order scheduling a hearing at which the court will take up future case deadlines, including the trial date. However, the court will not reopen any deadlines from the court's scheduling order (Dkt. # 66 ) that had passed before the court's April 27, 2016, order (Dkt. # 103 ). (AD)