Terry Fabricant v. Net Element, Inc.

I. INTRODUCTION

17 On April 1, 2019, Plaintiff Terry Fabricant (“Fabricant”) filed a complaint 18 against Net Element Inc. for violation of the Telephone Consumer Protection Act 19 (“TCPA”) and willful or knowing violation of the TCPA. (See generally Compl., 20 ECF No. 9.) Thereafter, on May 3, 2019 Fabricant amended his complaint to name 21 Defendant Paymentclub Inc. (“Paymentclub”), which executed a Waiver of Service on 22 May 9, 2019, resulting in a responsive pleading deadline of July 8, 2019. (See 23 generally First Am. Compl. (“FAC”), ECF No. 21; Waiver of Service, ECF No. 22.) 24 On June 25, 2019, Plaintiff moved for relief from Local Rule 23-3, which sets 25 the deadline for moving for class certification. (Mot. for Relief from Local Rule 23-3 26 (“Mot. for Relief’”), ECF No. 27.) On July 10, 2019, Defendant filed a motion to 27 28 1 dismiss the First Amended Complaint (“FAC”) for failing to state a claim. (Mot. to 2 Dismiss (“MTD”), ECF No. 38.) II. LEGAL STANDARD A court may dismiss a complaint under Federal Rule of Civil Procedure 5 (“Rule”) 12(b)(6) for lack of a cognizable legal theory or…