Schick

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

DEBORAH SCHICK, Case No. 20-cv-00617-VC

Plaintiff,

ORDER DENYING MOTION TO

v. DISMISS

CALIBER HOME LOANS, INC., et al., Re: Dkt. No. 24 Defendants.

Caliber’s motion to dismiss is denied. The motion for a stay pending further FCC rulemaking on the definition of an automatic telephone dialing system is denied, and the motion for a stay pending Supreme Court’s decision in Barr v. American Association of Political Consultants, Inc., 2020 WL 3633780 (July 6, 2020), is denied as moot. A case management conference is set for 10:00 a.m. on August 5, 2020, and a joint case management statement is due seven days prior. 1. The allegations in Schick’s complaint can support a conclusion that Driving Force Media was acting as Caliber’s agent. Schick alleges that Caliber hired a company that uses Driving Force Media to make telemarketing calls on Caliber’s behalf, that it knows that Driving Force Media is making these calls, and that it has failed to take steps to stop the calls. See Complaint ¶¶ 63–67, 69. She alleges that she received Driving Force Media telemarketing calls promoting…