Pascal

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6

LAWRENCE PASCAL,

7 Case No. 19-cv-02559-JCS Plaintiff, 8 v. ORDER DENYING MOTION TO STAY 9 PENDING FCC GUIDANCE

CONCENTRA, INC.,

10 Re: Dkt. No. 26 Defendant. 11

12 13 I. INTRODUCTION 14 Plaintiff Lawrence Pascal brings a putative class action against Defendant Concentra, Inc. 15 (“Concentra”) under the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, 16 asserting that Concentra has violated the TCPA by sending text messages using an automatic 17 telephone dialing system (“ATDS”) without the consent of recipients. Presently before the Court 18 is Concentra’s Motion to Stay Pending FCC Guidance (“Motion”), in which Concentra asks the 19 Court to stay the case under the primary jurisdiction doctrine or its inherent authority because the 20 Federal Communications Commission (“FCC”) may issue an order soon addressing what 21 constitutes an ATDS under the TCPA. The Court finds that the Motion is…