Summary
noting that "now that the TCPA has recognized federal question jurisdiction, there is no room for a court to determine that any state class action law could preclude the application of Rule 23 to a TCPA class action"
Summary of this case from Small v. Kmart Holding Corp.Opinion
CIVIL ACTION NO. 3:11-cv-2198
05-14-2012
ARI WEITZNER and ARI WEITZNER, M.D., P.C., Individually and on Behalf of All Others Similarly Situated, Plaintiffs, v. SANOFI PASTEUR, INC. formerly known as AVENTIS PASTEUR INC., and VAXSERVE, INC., formerly known as VACCESS AMERICA INC. Defendants.
(JUDGE CAPUTO)
ORDER
NOW, this 14th day of May, 2012, IT IS HEREBY ORDERED that Defendants' Motion For Abstention, or, in the Alternative, to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6), or, in the Alternative, to Stay Proceedings (Doc. 20) is DENIED.
______________
A. Richard Caputo
United States District Judge