Judge Gives Plaintiff Option to File Amended Complaint After Motion to Dismiss
U.S. District Judge Sean Cox for Eastern Michigan in Detroit gave plaintiff Mark Dobronski the opportunity to “cure the purported deficiencies” in his Telephone Consumer Protection Act complaint, after defendant First American Home Warranty’s (FAHW) recently filed motion to dismiss,…
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said his Wednesday order (docket 2:23-cv-11412). Cox didn’t express a view on the merits of the motion to dismiss. Dobronski can either file an amended complaint within 21 days of the order, and the court will deny without prejudice the pending motion to dismiss as moot, or file a response to the motion to dismiss, and the court will decide the motion based on the existing complaint, said the order. Dobronski’s July TCPA suit alleges FAHW uses a third-party call center with automatic telephone dialing systems that initiate prerecorded audio messages to consumers en masse seeking prequalifying information such as whether they want a refund for overpayment of their electric and gas utility bills.