In Mendez v. Optio Solutions, LLC, 2017 WL 3315971, at *2 (S.D.Cal. 2017), the District Court denied a TCPA defendant’s MSJ to allow discovery into the Defendant’s dialer system.
Mendez contends that she cannot adequately respond to Optio’s summary judgment motion without discovery relating to Optio’s “ ‘custom-built’ dialing system.” (Doc. No. 36 at 28.) Specifically, Mendez argues she needs to complete discovery (1) to identify all telephone dialing system equipment used to make calls, (see Doc. Nos. 36-4, 36-5); (2) on information exchanged between Optio and Ontario Systems, an autodialing platform service provider, (see Doc. No. 36-7); (3) to conduct a deposition of Shane Miller, Optio’s Vice President of Information Services, whose declaration is integral to Optio’s summary judgment motion, (see Doc. No. 36-1 ¶ 10); (4) on Optio’s registration of its dialing equipment with the state of Texas to obtain a permit to use an “Automatic Dial Announcing Device” in the state, (see Doc. Nos. 36-8, 36-9); and (5) on Optio’s prerecorded voice message, (see Doc. No. 36-1 ¶ 9). (See also Doc. No. 36 at 29–32.)