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Man who has filed at least 83 TCPA lawsuits loses one in Tennessee court

By Charmaine Little | Jun 5, 2018

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NASHVILLE, Tenn. (Legal Newsline) – The case between a man who allegedly tempted companies to identify themselves so he could file a Telephone Consumer Protection Act lawsuit against them has ended as the U.S. District Court in the Middle District of Tennessee ruled in favor of the defendants.

Judge Waverly D. Crenshaw Jr. granted summary judgment in favor of defendant Rapid Response Monitoring Services Inc., Security Systems Inc. and Homeland Security on May 11.

Legal Newsline previously reported the plaintiff, Craig Cunningham, filed a lawsuit against Rapid Response Monitoring Services - one of at least 83 he has filed - after he pretended to be interested in a free home security system and then sued companies like RRMS for reaching out to him concerning his alleged interest.

U.S. Magistrate Judge Barbara D. Holmes filed an April 23 report and recommendation with Crenshaw, who has been presiding over the ongoing case. Holmes recommended the judge approve the RRMS's and Homeland Security, LLC’s pending motions for summary judgment.

Holmes noted that when the defendants filed their motions for summary judgment, the plaintiff could withdraw from the case without responding to the motions for summary judgment.

The plaintiff responded by acknowledging he had no proof of his claims against the defendant, Holmes' report states. Still, he argued he wasn’t given the opportunity to fulfill the discovery process of the case.

Crenshaw decided that argument was irrelevant and added, “a stay of discovery has never been entered in this years-long case, and plaintiff has not shown that he has been anywhere near diligent in pursuing discovery," according to the order.

Crenshaw approved the magistrate’s report and recommendation and granted the defendants' motion for summary judgment.

Crenshaw also canceled a pretrial conference scheduled for May 29.

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U.S. District Court for the Middle District of Tennessee