Plaintiff Ordered to Show Cause Why His TCPA Case vs. BofA Shouldn’t Be Dismissed
U.S. District Judge Andre Birotte for Central California in Los Angeles ordered plaintiff Robert Wenokur to show cause by June 20 why his Telephone Consumer Protection Act case against Bank of America shouldn't be dismissed for “lack of prosecution,” said…
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Birotte’s order Wednesday (docket 2:23-cv-02473). Failure to respond to the show cause order “will be deemed consent to the dismissal of the action,” it said. BofA didn’t answer Wenokur’s complaint, yet Wenokur failed to request entry of default, said the order. He can satisfy the order by seeking entry of default or by dismissing the complaint, it said. Wenokur alleges BofA hounded him with 25 “abusive” debt collection calls over a period of three months, and that the calls continued even after he gave the bank “certified” notice that they stop (see 2304050003).