Hoagland

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA

10 KENNETH HOAGLAND, Case No. 19-cv-00750-BAS-JLB 11 Plaintiff, ORDER DENYING DEFENDANT’S MOTION TO DISMISS OR STAY v. [ECF No. 38]

AXOS BANK,

14 Defendant. 15 Defendant moves to dismiss the First Amended Complaint (First Am. Compl. (“FAC”), ECF No. 34) pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, arguing that Plaintiff’s conclusory allegations that texts were sent using an automatic telephone dialing system (“ATDS”) are insufficient to state a claim under the Telephone Consumer Protection Act (“TCPA”). (Mot. to Dismiss, ECF No. 38.) Alternatively, Defendant moves this court to stay the case pending the possible promulgation by the Federal Communications Commission (“FCC”) of regulations implementing the TCPA. (Mot. to Stay, ECF No. 38.) Pursuant to Civil Local Rule 7.1(d)(1), the Court finds the matter suitable for determination on the papers and without oral…