Kelly

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 Robert Kelly, Eryn Learned, and Kerry Wano, No. 2:21-cv-01960-KJM-JDP on behalf of themselves and all others similarly 12 situated, ORDER Plaintiffs, 14 v. 15 The McClatchy Company, LLC, a Delaware Corporation, Defendants. 18 Defendant moves to compel arbitration of plaintiffs’ claims under the Telephone Consumer Protection Act (TCPA). The parties’ arbitration agreement does not cover the dispute in question, as explained below. The court denies the motion. 22 I. FACTUAL ALLEGATIONS Plaintiffs Robert Kelly, Eryn Learned and Kerry Wano bring this proposed class action 24 under the TCPA, 47 U.S.C. § 227. Compl. at 1, ECF No. 1. Defendant McClatchy is a 25 publishing company, which operates twenty-nine local newspapers in fourteen states. Id. J □□□□ Each plaintiff and potential class member purchased a subscription to a McClatchy publication.

' McClatchy is owned by SIJ…