Brian Clark v. Via Renewables, Inc.
Opinion
trial_court Opinion
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 BRIAN CLARK, Case No. 24-cv-00568-JSC
8 Plaintiff,
ORDER DENYING RENEWED
9 v. MOTION FOR CLASS
CERTIFICATION
10 VIA RENEWABLES, INC., Re: Dkt. No. 68 Defendant. 11
12 13 Plaintiff Brian Clark, on behalf of four proposed classes, alleges violations of the 14 Telephone Consumer Protection Act (“TCPA”).1 (Dkt. No. 23.) Plaintiff contends his residential 15 phone number is on the federal Do Not Call Registry and Defendant, Via Renewables, Inc., called 16 his phone number ten times and left identical pre-recorded voice messages, all in violation of the 17 TCPA. (Id. ¶ 7, 17-20.) The Court previously denied Plaintiff’s motion for class certification 18 without prejudice and ordered Plaintiff to make an offer of proof as to whether amendment of the 19 class would be futile. (Dkt. No. 61.) Plaintiff made an offer of proof, and this renewed motion for 20 class certification followed. (Dkt. No. 68.) 21 Having carefully reviewed the parties’ briefing, and having had the…