Judge Reminds Plaintiff of Her ‘Duty’ to File Notice of Settlement in LifeMD Case
Plaintiff Shannan Davis is reminded of her "duty” under Local Rule 3.09(a) to immediately file a notice of settlement with the court of her Telephone Consumer Protection Act claims against telehealth company LifeMD after agreeing to resolve all or part…
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of a civil action, even if the resolution is "contingent or unwritten," said U.S. District Judge Virginia Hernandez Covington for Middle Florida in Tampa in a text-only endorsed order Tuesday (docket 8:23-cv-02138). Davis’ notice of mediation Monday said the parties and mediator Gregory Holder have agreed to mediation on Jan. 8. However, as the parties “are actively working to finalize a settlement agreement to dispose of this matter in its entirety, the parties anticipate the mediation will likely become unnecessary,” according to the notice. Davis’ Sept. 21 class action alleges that LifeMD contributed to the national “barrage” of phone spam by initiating more than 100 illegal text messages to her residential cellphone (see 2309220001).