Proposed Discovery Schedule Due July 12 in Remanded TCPA Case in Akron
Plaintiff Matthew Dickson and defendant Direct Energy should confer and file a joint notice by July 12 detailing how they believe Dickson’s Telephone Consumer Protection Act complaint should proceed after remand, said a signed order Friday (docket 5:18-cv-00182) by U.S.…
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District Judge John Adams for Eastern Ohio in Akron. The joint notice should include a proposed discovery schedule “that details the scope of any discovery and a deadline for any motion practice,” said the order. The 6th U.S. Circuit Court of Appeals reversed Adams’ dismissal of Dickson’s TCPA claims for lack of standing because he failed to demonstrate an injury (see 2306020041). The 6th Circuit remanded the case to the district court for further proceedings, but declined Dickson’s request for reassignment to a different judge on remand because he felt Adams wouldn’t give him a fair hearing. Dickson brought his TCPA action against Direct Energy, alleging the utility sent him multiple ringless voicemails that promoted its services.