Cole
Cole v. Sierra Pacific Mortgage Company, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 DEVIN COLE, Case No. 18-cv-01692-JCS
Plaintiff,
ORDER REGARDING CROSS
v. MOTIONS FOR SUMMARY
JUDGMENT
SIERRA PACIFIC MORTGAGE COMPANY, INC., Re: Dkt. Nos. 96, 98 11 Defendant.
12 I. INTRODUCTION Plaintiff Devin Cole brings this putative class action asserting that Defendant Sierra Pacific Mortgage Company violated the Telephone Consumer Protection Act (“TCPA”) by calling Cole’s cell phone without permission, using an “automated telephone dialing system” (“ATDS”) as that term is defined in the TCPA. The parties filed cross-motions1 for summary judgment addressing the issue of whether the system used by a purported agent of Sierra Pacific to call Cole was in fact an ATDS. After briefing concluded, the Court found the matter suitable for resolution without oral argument and vacated the hearing previously set for December 17, 2021. For the reasons discussed below, Sierra Pacific’s motion is GRANTED. Since…