Judge Denies Apollo’s Motion to Dismiss for Failure to Confer With Plaintiff
U.S. District Judge Charlene Edwards Honeywell for Middle Florida in Tampa denied without prejudice defendant Apollo Interactive’s Sept. 21 motion to dismiss plaintiff Eric Moorman’s Telephone Consumer Protection Act class action for failure to comply with Local Rule 3.01(g), said…
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the judge’s text-only order Friday (docket 8:23-cv-01533). “The rule requires a movant to confer in good faith with an opposing party prior to filing a motion to dismiss and to include a certification of conferral,” said the order. Apollo’s motion to dismiss doesn’t contain the required certification, it said. There’s also no indication whether Apollo conferred with Moorman before filing its motion, it said. Americans receive billions of spam text messages every year, and Moorman’s July 10 complaint alleges Apollo, a performance marketing and lead-generation agency in Los Angeles, is responsible for a “significant portion” of them (see 2307110063)