Luna
Luna v. Shac, LLC
Opinion
Lead Opinion
Lloyd, J.
*937 ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
Re: Dkt. No.
In February 2014, John Luna brought suit against Shac, LLC, dba Sapphire Gentlemen’s Club, Club Texting, Inc. and Call-Fire, Inc. for violation of the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227 . Shac, the sole remaining defendant, moves for summaiy judgment. Dkt. No. 85. Plaintiff-filed an opposition and Shac filed a reply. Dkt. Nos. 96, 97. In addition, Plaintiff filed two notices of new authority. 1 Dkt. Nos. 98, 101. All parties hávé expressly consented to having all matters proceed before a magistrate judge. A hearing was held on June 23, 2015. Based on the moving and responding papers, as well as the arguments presented at the hearing, the Court grants the motion for summary judgment.
BACKGROUND
Shac operates the Sapphire Gentlemen’s Club in Las Vegas, Nevada. Shac engaged CallFire, a third-party mobile' marketing company, to provide a web-based platform (here, EXTexting.com) for sending promotional text messages to its customers. Andrews Decl., Exh. 1, at 19, 53-54; Exh. 2, at 68.
Sending text messages through EXText-ing.com involved multiple steps. First, an employee of Shac…