Pascal

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

LAWRENCE PASCAL,

Case No. 19-cv-02559-JCS Plaintiff, 8 v. ORDER DENYING MOTION TO STAY PENDING FCC GUIDANCE

CONCENTRA, INC.,

Re: Dkt. No. 26 Defendant.

12 I. INTRODUCTION Plaintiff Lawrence Pascal brings a putative class action against Defendant Concentra, Inc. (“Concentra”) under the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, asserting that Concentra has violated the TCPA by sending text messages using an automatic telephone dialing system (“ATDS”) without the consent of recipients. Presently before the Court is Concentra’s Motion to Stay Pending FCC Guidance (“Motion”), in which Concentra asks the Court to stay the case under the primary jurisdiction doctrine or its inherent authority because the Federal Communications Commission (“FCC”) may issue an order soon addressing what constitutes an ATDS under the TCPA. The Court finds that the Motion is…