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15-11038 - Fulton Dental, LLC v. Bisco, Inc.


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15-11038 - Fulton Dental, LLC v. Bisco, Inc.
September 2, 2016
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MEMORANDUM Opinion and Order signed by the Honorable Edmond E. Chang. For the reasons stated in the Opinion, Defendant Bisco's motion to deposit funds with the Court 21 is granted, and the $3,600 must be deposited with the Clerk's Office, along with a notice of deposit (to be filed on the electronic docket), by 09/07/2016. After the funds are deposited, the Court will order the funds to be released to Fulton Dental in accordance with Rule 67(b). Upon the making of the deposit, Fulton Dental's individual and class claims will be moot, and the entire case will be dismissed under Rule 12(b)(1). After the deposit is made, judgment shall also be entered for Fulton Dental in the amount of $3,005, along with an injunction against Bisco to refrain from using any device to send an unsolicited facsimile advertisement to Fulton Dental, in violation of the Telephone Consumer Protection Act, 47 U.S.C. ยง 227(b). Fulton Dental is directed to file a Rule 54(d) bill of costs with the Court by 09/14/2016; the costs will be paid out of the remainder of the deposit. Status hearing of 09/13/2016 is vacated. Mailed notice. (pjg, )