March 14 Pretrial Conference Set in TCPA Case vs. National Tax Advisory Services

Fact discovery cutoff is planned for Dec. 12 in plaintiff Chun Wu’s Telephone Consumer Protection Act class action against National Tax Advisory Services, said a scheduling order Monday (docket 1:23-cv-00679) in U.S. District Court for Colorado in Denver. A final pretrial conference is set for March 14 in anticipation of a three-day jury trial, said the order, without giving a set trial date. Wu alleges the defendant violated the TCPA when it continued to place unsolicited and unauthorized calls playing prerecorded voices using technological equipment intended to spam consumers with its advertising. The defendant denies any TCPA wrongdoing and contends it doesn’t make marketing calls without appropriate consent. It also asserts it follows the law, and that any calls to Wu’s number at issue in the case were made lawfully. The parties haven’t engaged in “substantive settlement negotiations,” though they had “very preliminary” settlement talks, said the scheduling order. Wu will agree to consider mediation with a mutually selected mediator “should the negotiations occur and reach an impasse and the parties agree that mediation would be beneficial,” it said. The defendant “is open to mediation as well” as the case progresses, it said.