Davis

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Case No.: 23cv0134 DMS (BLM)

TRACY DAVIS,

Plaintiff, ORDER (1) FOLLOWING REMAND v. AND (2) GRANTING IN PART AND

DENYING IN PART DEFENDANT’S

ROCKLOANS MARKETPLACE, LLC

MOTION TO DISMISS

d/b/a ROCKET LOANS, 14 Defendant. 15 16 On September 28, 2023, this Court issued an order granting in part and denying in part Defendant’s motion to dismiss Plaintiff’s Complaint. In that Order, the Court found Plaintiff’s Complaint satisfied the requirements of Federal Rule of Civil Procedure 8, but Plaintiff failed to set forth sufficient facts to support the use of an automatic telephone dialing system (“ATDS”) under the Telephone Consumer Protection Act (“TCPA”). In light of the finding on the ATDS element, the Court granted Defendant’s motion to dismiss and dismissed the Complaint. Defendant appealed that decision, and the Ninth Circuit affirmed this Court’s rulings on the Rule 8…