McCurley

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA 10 JOHN MCCURLEY and DAN Case No. 17-cv-00986-BAS-AGS DEFOREST, individually and on behalf of all others similarly situated, ORDER DENYING DEFENDANT’S MOTION TO DISMISS FOR LACK OF Plaintiffs, SUBJECT MATTER JURISDICTION 13 v. (ECF No. 196)

ROYAL SEA CRUISES, INC.,

15 Defendant. 16 Defendant brings this Motion to Dismiss for Lack of Subject Matter Jurisdiction pursuant to Rule 12(b)(1), arguing that the recent case of Barr v. American Ass’n of Political Consultants, Inc., 591 U.S. __, 140 S. Ct. 2335 (July 2, 2020) (“AAPC”) renders the Telephone Consumer Protection Act, 47 U.S.C. §§227 et seq. (“TCPA”) void between the years of 2015 and July 2020, when AAPC was decided. (ECF No. 196.) According to Defendant’s analysis, the TCPA should be held in force and effect from 1991 until 2015— when an unconstitutional amendment to the Act was passed—be declared void in its entirety from 2015 until AAPC was decided in July 2020, and then return to full force and effect…