Roth

Roth v. PTGMB LLC

Good Law
United States District Court, Eastern District of CaliforniaSeptember 30, 20201:20-cv-00231California5,771 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

KELLI ROTH, Case No. 1:20-cv-00231-SAB

Plaintiff, ORDER GRANTING IN PART AND

DENYING IN PART DEFENDANT’S

v. APPLICATION FOR AN ORDER TO

COMPEL PRODUCTION OF DOCUMENTS

PTGMB LLC, (ECF No. 37, 39) Defendant.

16 I. BACKGROUND Kelli Roth (“Plaintiff”) filed this action individually and behalf of all others similarly situated pursuant to the Telephone Consumer Protection Act (“TCPA” or “the Act”), 47 U.S.C. § 227 et seq. The complaint alleges that beginning around August 6, 2019, Defendant caused multiple prerecorded messages to be sent to Plaintiff’s cell phone ending in 8410. (Compl., ¶ 23, ECF No. 1.) When Plaintiff did not answer her phone, the prerecorded messages were delivered to her voice mail. (Compl., ¶ 24.) Plaintiff did not provide Defendant with her express consent to be contacted with a prerecorded call. (Compl., ¶ 31.) Defendant filed an answer to the complaint on April…

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