Plaintiff Drops FTSA Claims vs. Modani; Tentative Settlement Reached

Plaintiff Jamil Hindi’s first amended complaint Wednesday (docket 0:22-cv-62219) alleging Modani violated the Telephone Consumer Protection Act deletes the allegation in his original Nov. 28 complaint that accused the furniture retailer also of Florida Telephone Solicitation Act wrongdoing. This after defendant Modani’s Dec. 30 motion to dismiss Hindi’s FTSA claims on grounds that the statute is unconstitutional for restricting First Amendment speech (see 2301030038). Hindi’s filing of his first amended complaint prompted U.S. District Judge William Dimitrouleas for Southern Florida in Fort Lauderdale to sign an order Thursday denying the motion to dismiss as moot. Hours after the judge’s order, Hindi and Modani filed a joint notice of settlement with the court, asserting they were now “in the process of finalizing the terms of the settlement.” They asked the court to vacate all pending deadlines and to allow them 60 days to file a stipulation of dismissal with prejudice.