Ewing

Ewing v. DME Capital, LLC

Good Law
United States District Court, Southern District of CaliforniaDecember 4, 20243:24-cv-00692California3,045 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Anton EWING, Case No.: 3:24-cv-0692-AGS-JLB Plaintiff, ORDER GRANTING IN PART

MOTION FOR DEFAULT

v.

JUDGMENT (ECF 6)

DME CAPITAL, LLC, Defendant. 8 The Clerk entered default against defendant DME Capital, LLC. Plaintiff now moves to convert that default entry to a default judgment. BACKGROUND Plaintiff Anton Ewing is the “owner and sole user of [a] personal, private residential cellular phone number.” (ECF 1, at 3.) Since 2012, Ewing’s number has been registered on the National Do Not Call Registry. (Id. at 20.) Ewing claims that defendant DME called his cell phone 11 times from August 2022 to April 2024 and texted him twice in January 2024. (Id. at 18.) Ewing did not have a personal or business relationship with DME. (Id. at 14, 24.) In each of these calls, “Ewing heard a “very clear ‘bubble popping’ type sound followed by a rather long pause before the artificial-voice prerecorded message began to…

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