Tehrani

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 PAYAM TEHRANI, Case No. 19-cv-08168-EMC

Plaintiff,

ORDER DENYING PLAINTIFF’S

v. MOTION TO AMEND COMPLAINT

JOIE DE VIVRE HOSPITALITY, LLC, Docket No. 90 et al., 11 Defendants. 12 13 Plaintiff Payam Tehrani has filed suit against Defendants DH Vitale Manager, LLC and SF Treat, LP, alleging that they violated a provision of the Telephone Consumer Protection Act (“TCPA”) by using an “autodialer” to send three text messages to his cell phone. In an opinion issued in April 2021, Facebook, Inc. v. Duguid, 141 S. Ct. 1163 (2021), the Supreme Court gave guidance as to what constitutes an autodialer for purposes of the TCPA. The Court rejected the broad interpretation of autodialer that the Ninth Circuit had endorsed. Mr. Tehrani now moves for leave to file a third amended complaint (“TAC”). Mr. Tehrani argues that, even though the Facebook Court took a narrower view (compared to the Ninth Circuit) of what an autodialer is, he can still…