Judge Orders Plaintiff to Show Cause Why Motion to Dismiss Shouldn’t Be Granted
U.S. District Judge Chad Bryan for Middle Alabama in Montgomery ordered pro se plaintiff Lee Cunningham to show cause by May 16 why Southern Power’s motion to dismiss his Telephone Consumer Protection Act complaint or for summary judgment in Southern…
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Power’s favor shouldn’t be granted, said his signed order Tuesday (docket 2:22-cv-00621). Southern Power’s reply brief is due seven days after Cunningham files his response. Southern Power’s motion to dismiss said Cunningham’s complaint was “impermissibly frivolous” because he in fact knows that Southern Power wasn't the party that inundated him with debt collection calls, but he’s suing the wholesale power company anyway (see 2304280041). Bryan’s order admonished Cunningham that in responding, he shouldn’t rely on “his unsworn pleadings.” He must additionally submit “sworn/verified statements made under penalty of perjury,” plus any other evidentiary materials that would support his TCPA claims against Southern Power, said his order. Bryan warned Cunningham that he risks monetary or non-monetary sanctions if he violates Rule 11 of the Federal Rules of Civil Procedure and its safeguards against pleadings for an improper purpose or those that contain frivolous arguments or arguments that have no evidentiary support.