Settlement Near in DirecTV's 4th Circuit Consolidated TCPA Appeals
Defendant-appellant DirecTV asked the 4th U.S. Circuit Court of Appeals Friday to hold their consolidated appeals in abeyance, in a joint motion with plaintiffs-appellees David Vance, Roxy Vance and Carla Shultz. Doing so would enable the execution and approval of…
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a class settlement that “would resolve all the claims asserted in this case,” said their motion (docket 22-2041). The parties reached a settlement deal “in principle” Jan. 26, it said. They're working “on reducing this settlement to a final agreement, which they will then present to the district court for approval,” it said. There's good cause to hold these appeals in abeyance pending approval of the settlement, said the motion. “It would conserve party and judicial resources in the likely event that there will be no further litigation in this case,” it said. “If for any reason the parties do not execute a final settlement agreement or the district court does not approve it,” the parties will promptly inform the 4th Circuit and, if appropriate, ask that it set a new briefing schedule, it said. “No party will be prejudiced by a stay,” it said. DirecTV is appealing the district court’s certification of class members in a December 2017 Telephone Consumer Protection Act complaint. DirecTV also is appealing the lower court’s denial of its motion to compel plaintiff Shultz to arbitration of her TCPA claims. The 4th Circuit consolidated the two appeals in October.