Legal Opinion

Czech v. Wall Street on Demand, Inc.

District Court, D. Minnesota

Decided December 8, 2009No. Civil 09-180 (DWF/RLE)PublishedCited by 9 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

DONOVAN W. FRANK, District Judge.

INTRODUCTION

This matter is before the Court on Defendant Wall Street on Demand, Inc.’s motion to dismiss for failure to state a claim (Doc. No. 24). For the reasons stated below, this Court grants in part and denies in part the motion and dismisses Plaintiff Brenda Czech’s federal claims with prejudice, but dismisses her state-law claims without prejudice.

FACTUAL AND PROCEDURAL BACKGROUND

Czech commenced this action on behalf of herself and a proposed class after receiving unwanted text messages on her cell phone that were sent by…

2Cases cited12 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Porous Media Corporation v. Pall CorporationCourt of Appeals for the Eighth Circuit · 1999
  4. Vicki Westcott, Administratrix of the Estate of Arden Westcott, Deceased v. City of Omaha, a Municipal CorporationCourt of Appeals for the Eighth Circuit · 1990
  5. Morton v. BeckerCourt of Appeals for the Eighth Circuit · 1986

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3Cited by9 opinions

  1. In re iPhone Application Litig.District Court, N.D. California · 2012
  2. Pulte Homes, Inc. v. Laborers' International Union of North AmericaCourt of Appeals for the Sixth Circuit · 2011
  3. Mey v. Got Warranty, Inc.District Court, N.D. West Virginia · 2016
  4. Hot Stuff Foods, LLC v. DornbachDistrict Court, D. Minnesota · 2010
  5. New South Equipment Mats, LLC v. KeenerDistrict Court, S.D. Mississippi · 2013

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