T-Mobile Motion Due April 17 to Set Aside Default Entry in TCPA Case
T-Mobile must file an answer by April 17 to plaintiff Wesley Todd’s Jan. 31 Telephone Consumer Protection Act complaint, plus a motion to set aside the clerk’s entry of default that shows good cause for its failure to timely respond…
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to the action (see 2303280005), said an order signed Tuesday (docket 2:23-cv-14024) by U.S. District Judge Jose Martinez for Southern Florida in Fort Pierce. If T-Mobile fails to do so, a default final judgment may be entered in Todd’s favor, it said. If T-Mobile doesn’t respond, Todd has until April 24 to file a motion for final default judgment that includes affidavits of the amounts due from T-Mobile, “and any other supporting documentation necessary to determine the measure of damages and/or conclude this action,” it said. Todd alleges T-Mobile sent him “repeated text messages” to a cellphone number listed on the national do not call registry since May 18.