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Another Ramey-Repped Plaintiff . . . Misses the Call

April 26, 2024

Litigation between MISSED CALL, LLC, a Dynamic IP Deals, LLC (d/b/a DynaIP) and Pueblo Nuevo LLC plaintiff, and Twilio has made headlines for several reasons in the past, but now it can be added to the list of matters involving a party represented by Ramey LLP that has missed an important deadline, here to respond to a motion a dismiss. Northern District of California Magistrate Judge Laurel Beeler posted an order last Friday noting that MISSED CALL’s opposition (or statement of nonopposition) to Twilio’s motion to dismiss was due on April 8, 2024, but “[n]othing was filed”—ordering the plaintiff to make such a filing, or otherwise request more time, by April 22 at 2 p.m. Among its reasons for issuing the order is “to give notice to the plaintiff of the consequences of not participating in the litigation, including monetary sanctions and dismissal of the case for failure to prosecute it”. The latter consequence has now fallen upon the plaintiff: After MISSED CALL missed this latest deadline as well, Judge Beeler ordered the plaintiff to dismiss the case with prejudice.


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