On December 11, 2015, Cirque du Soleil (“Cirque”) filed a motion in the United States District Court for the Northern District of Illinois, seeking a stay of the plaintiff’s motion to certify a class action brought pursuant to the Telephone Consumer Protection Act’s (“TCPA”) Junk Fax Prevention Act of 2005 (“JFPA”). The motion centers around an offer of judgment made to the class representative plaintiff by Cirque just days before the plaintiff moved to certify its class. On December 17, 2015, the Court set a briefing schedule on Cirque’s motion, and plans to hear oral argument on the issue on January 26, 2016.
Why is Cirque Moving to Stay the Junk Fax Class Action?
Cirque Moves to Stay Junk Fax Class Action
On December 4, 2015, Cirque made an “open-ended settlement offer to Plaintiff in the amount of $1,510, plus all costs incurred by Plaintiff” in pursuit of the junk fax class action. Thereafter, on December 8, 2015, the plaintiff filed a motion asking the Court to certify a class of people damaged by Cirque’s alleged violations of the JFPA.
Cirque has moved for a stay of the plaintiff’s class certification motion based on the United States Supreme Court’s pending decision in the matter ofCampbell-Ewald Co. v. Gomez, a case which will decide “whether a [Federal Rule of Civil Procedure] Rule 68 offer of judgment to a named plaintiff (in full satisfaction of her individual claim) moots that plaintiff’s putative TCPA class claims.” The Supreme Court heard oral argument on the case on October 14, 2014. Cirque has now requested that the Court stay the plaintiff’s motion to certify a class pending the Supreme Court’s decision.
It is not clear how the Supreme Court will rule in Campbell-Ewald Co. v. Gomez. Nevertheless, the California court is scheduled next month to decide whether or not to grant Cirque’s motion. We will provide further updates as they become available.