Ewing

Ewing v. Encor Solar, LLC

Good Law
United States District Court, Southern District of CaliforniaSeptember 3, 20193:18-cv-02247California1,740 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ANTON EWING, Case No.: 18-CV-2247-CAB-MDD

Plaintiff,

ORDER DENYING MOTION FOR

v. DEFAULT JUDGMENT

ENCOR SOLAR, LLC et al., [Doc. No. 73] Defendants. 16 This matter is before the Court on Plaintiff’s motion for default judgment against Defendants Garrett Smith, Bargain Electricity, Inc., and Reinaldo A. Berges a/k/a Ray Alonso (collectively, the “Remaining Defendants”). Because the operative second amended complaint was not served on these defendants, and because that complaint does not adequately state a claim against these defendants, the motion is denied and the second amended complaint is dismissed. I. Background Plaintiff filed the original complaint in this lawsuit on September 27, 2018. The original complaint asserted three claims for relief under the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, and one claim for unfair competition…

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