District Court (Cal.) Grants Interlocutory Appeal of Brickman v. Facebook TCPA Case and, in the alternative, Stays the Case Pending the Outcome of the ACA Int’l Proceedings

In Brickman v. Facebook, Inc.,Case No. 16-cv-00751-TEH, 2017 WL 1508719 (N.D. Cal. April 27, 2017), Judge Henderson granted interlocutory appeal of his January 27, 2017 ruling denying Facebook’s motion to dismiss that found that Facebook’s “Happy Birthday” texts were dialed using an ATDS under the TCPA.

For the foregoing reasons, Facebook’s motion to certify the Court’s Order for interlocutory appeal is GRANTED. If the Ninth Circuit grants Facebook permission to appeal this Court’s Order, proceedings in this Court are STAYED pending decision on that appeal. If the Ninth Circuit does not grant permission for interlocutory appeal, proceedings in this action are STAYED pending the D.C. Circuit’s decision in ACA International v. FCC, No. 15-1211.