Full title: Paul Edwards, Plaintiff v. Signify Health, Inc., et al., Defendants
Court: United States District Court, District of Nevada
Case no: 2:22-cv-00095-CDS-BNW
Date published: May 12, 2023
Fact:
Edwards commenced this action against defendants Signify Health; Cure Topco, LLC; Bradford Kyle Armbrester (CEO of Signify Health); Steven Senneff (CFO of Signify Health); and David Pierre (COO of Signify Health) for alleged violations of the TCPA, Nevada law, and an alleged “intentional invasion into [his] expectation of privacy and intrusion into the solitude and seclusion expected by [him] in his home.” Compl., ECF No. 2 at 2. The basis of Edwards’s complaint is that defendants are responsible for a series of harassing telemarketing phone calls placed to his home phone number. Id. at 3. It is unclear from the face of Edwards’s complaint exactly how he alleges that the corporate-suite executives of Signify Health are individually responsible for the phone calls he received, but he alleges that each executive had the ability to control Signify Health’s telemarking campaigns and failed to ensure that those campaigns accorded with the TCPA.
Issue:
Conclusion:
IT IS HEREBY ORDERED that defendants’ motion to dismiss [ECF No. 13] is GRANTED. Plaintiff Paul Edwards’s complaint is dismissed without prejudice and with leave to amend. If Edwards chooses to file an amended complaint, he must do so by June 13, 2023, and must title it First Amended Complaint. If he fails to file a first-amended complaint by that date, this case will be closed without further notice.
IT IS FURTHER ORDERED that Edwards’s appeal [ECF No. 35] of Judge Weksler’s order is DENIED, and Judge Weksler’s order [ECF No. 34] is AFFIRMED in full.