Case Activity (9469)

1. Order | Filed: September 11, 2026 | Entered: September 11, 2026 Dunlap v. Bev Smith of Fort Pierce II Inc

   Telephone Consumer Protection Act (TCPA) | Florida Southern

   - Order (PAPERLESS or pdf attached)

   PAPERLESS ORDER providing Notice of Intent to Dismiss, Permitting Supplemental Briefing, and temporarily staying response/answer deadline. Plaintiff is hereby notified of the Court's intent to dismiss this action on the ground that Plaintiff cannot state a claim for a violation of 47 U.S.C. § 227(c) based on unwanted calls and/or texts to a cellular telephone, as alleged. This is because (1) the text of § 227(c) applies to "residential telephone subscribers," not to cellular phone users; (2) the FCC cannot exceed its statutory authority to promulgate regulations that redefine § 227(c); and (3) as an additional and alternative matter, the private right of action in § 227(c)(5) does not apply to text messages. See Order Denying Plaintiff's Motion for Final Default Judgment, Case No. 9:24-cv-80800-AMC (Sept. 11, 2026) (D.E. 22) (determining that 47 U.S.C. § 227(c) does not extend to cellular telephone users and does not authorize the FCC to rewrite that definition by regulation, and also agreeing with Steidinger v. Blackstone Med. Servs., 182 F.4th 532 (7th Cir. 2026), that § 227(c)(5) does not apply to text messages). To the extent Plaintiff wishes to be heard on these issues, Plaintiff is authorized to file a supplemental brief, not to exceed fifteen double-spaced pages, no later than September 25, 2026. Nothing in this Order should be construed to limit Plaintiff's ability to amend its Complaint in conformity with Fed. R. Civ. P. 15. Defendant's response deadline is hereby temporarily STAYED in light of this Order. Signed by Judge Aileen M. Cannon on 9/11/2026.

2. Misc | Filed: September 11, 2026 | Entered: September 11, 2026 TM Motorhome Sales, LLC et al v. Turri & Boari SNC d/b/a Wingamm a/k/a Wingamm Group SRL et al

   Contract: Other | New York Southern

   Notice of Filing Transcript

   NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 8/5/26 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(Moya, Goretti)

3. 9467 additional result(s)