Stark

Stark v. Stall

Good Law
United States District Court, Southern District of CaliforniaDecember 10, 20193:19-cv-00366California359 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ANTON EWING, Case No.: 19-cv-00366-AJB-AHG Plaintiff, ORDER ON COLLETTE STARK’S v. MOTION FOR CLARIFICATION OF 13 THE COURT’S ORDER (Doc. No. 21)

STUART STALL,

14 Defendant. 15 16 Presently before the Court is former Plaintiff Collette Stark’s (“Stark”) motion for clarification of the Court’s order dismissing Stark from this Telephone Consumer Protection Act (“TCPA”) action. (Doc. No. 21.) Stark seeks clarification on whether her dismissal is with or without prejudice. (Doc. No. 21 at 3.) In the Court’s order dismissing Stark, the Court held that Stark lacked standing because the First Amended Complaint (“FAC”) failed to allege any facts demonstrating that Stark was injured. (Doc. No. 14 at 4–5.) The Court concluded that “[n]o factual allegations are made as to any phone number that is owned by Stark. Further, no mention is made of Stark ever answering any specific phone call whatsoever.” (Id.) The FAC is…

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