District Court (Cal.) Stays TCPA Class Action Pending Spokeo, but Not the DC Circuit’s Resolution of the ACA Case

In O’Hanlon v. 24 Hour Fitness USA, Inc., 2016 WL 815357, at *6 (N.D.Cal., 2016), Judge Freeman stayed a TCPA class action pending the outcome of Spokeo, but felt it inappropriate to wait for the DC Circuit to decide the ACA case because the district court would not be bound by the DC Circuit’s decision.

For the foregoing reasons, Defendant’s motion to stay further proceedings in this Court is GRANTED pending the Supreme Court’s decisions in Tyson Foods, Inc. v. Bouaphakeo, 135 S. Ct. 2806 (2015) and Spokeo, Inc. v. Robins, 135 S. Ct. 1892 (2015). The Court DENIES Defendant’s motion to stay the matter pending the resolution of the FCC appeals filed before the D.C. Circuit. Defendant is hereby ORDERED to inform this Court of the status of this case no later than ten (10) days after a decision is reached in either Tyson Foods or Spokeo, whichever is later.