Legal Opinion
Lary v. Rexall Sundown, Inc.
District Court, E.D. New York
Decided February 10, 2015No. 13-CV-5769 (SJF)PublishedCited by 2 opinions
1Opinion of the Court
OPINION AND ORDER
FEUERSTEIN, District Judge:
This putative class action was commenced pursuant to the Telephone Consumer Protection Act of 1991 (“TCPA”), as amended by the Junk Fax Protection Act of 2005, 47 U.S.C. § 227 (“JFPA”). Plaintiff John H. Lary, Jr. (“plaintiff’) has moved for class certification pursuant to FRCP 23 and for a stay of decision on the certification motion pending discovery. Defendant CCG Marketing Solutions (“CCG”) has moved to dismiss plaintiffs First Amended Complaint (“FAC”) pursuant to Federal Rule of Civil Procedure (“FRCP”) 12(b)(1). For the reasons that follow,…
2Cases cited43 opinions
- Valley Forge Christian College v. Americans United for Separation of Church and State, Inc.Supreme Court of the United States · 1982
- Powell v. McCormackSupreme Court of the United States · 1969
- Natalia Makarova v. United StatesCourt of Appeals for the Second Circuit · 2000
- Lewis v. Continental Bank Corp.Supreme Court of the United States · 1990
- Arizonans for Official English v. ArizonaSupreme Court of the United States · 1997
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3Cited by2 opinions
- Rivera v. Harvest Bakery Inc.District Court, E.D. New York · 2016
- American Bird Conservancy v. HarveyDistrict Court, E.D. New York · 2017