TCPA Plaintiff Needs to Show Cause Why Middle Alabama Is Proper Venue
Pro se plaintiff Lee Cunningham must show cause by Feb. 28 why the U.S. District Court for Middle Alabama in Montgomery is the proper venue for his Telephone Consumer Protection Act complaint against Southern Power, said an order signed Tuesday…
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(docket 2:22-cv-00621) by U.S. Magistrate Judge Chad Bryan. Southern Power’s answer said Cunningham lives in Bibb County, which is in the Northern District of Alabama, “and therefore the alleged conduct at issue, which Southern Power denies, presumably occurred there.” Southern Power also said its principal place of business isn't within the Middle District of Alabama. Cunningham needs to “specifically explain” whether a substantial part of the conduct giving rise to his claims “occurred within one or more counties comprising the Middle District of Alabama,” said Bryan’s order. The show cause order is necessary amid the venue challenge raised in Southern Power’s answer, coupled with a lack of detail in the complaint about precisely where the unlawful TCPA conduct took place, it said.