Despite this, the trial court construed Rule 4:37-1(b) as giving it discretionary authority to dismiss plaintiff's complaint without prejudice and without costs or fees, and it entered an order accordingly. The Law Division ruled that plaintiff's notice of voluntary dismissal was untimely under Rule 4:37-1(a). Defendants filed an answer with the court that same day.1 On July 26, 2011, five days after filing the notice of voluntary dismissal of the state action, plaintiff filed a similar complaint in the United States District Court for the District of New Jersey. The next day, July 21, 2011, plaintiff filed a notice of voluntary dismissal without prejudice under Rule 4:37-1(a). On July 20, 2011, the day after our decision in Local Baking Products was released, defendants moved to dismiss plaintiff's class action claims against them with prejudice and to transfer the remaining claims to the Small Claims Section of the Special Civil Part. 96 (2011), which held that class action suits were inappropriate for adjudicating TCPA claims in the courts of this State. Shortly after plaintiff filed his complaint, this court decided Local Baking Products, Inc. Plaintiff Nicholas Fitzgerald, an attorney licensed to practice in this State, filed this class action suit in the Law Division of the Superior Court of New Jersey against defendants Gann Law Books, Inc., Gann Legal Education Foundation, Inc., and Michael Protzel, alleging that defendants violated the federal Telephone Consumer Protection Act (TCPA), 47 U.S.C.A. Bellin (Bellin and Associates L.L.C.) argued the cause for respondent. Greenberg argued the cause for appellants (Lite DePalma Greenberg, L.L.C., attorneys Allyn Z. On appeal from Superior Court of New Jersey, Law Division, Hudson County, Docket No.īruce D. Before Judges Fuentes, Graves, and Koblitz.
0 Comments
Leave a Reply. |
Details
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |