Plaintiff Told to Show Cause Why Her Claims Shouldn’t Be Dismissed for Lack of Prosecution

U.S. District Judge Eleanor Ross for Northern Georgia in Atlanta ordered Tyra Risher to show cause by May 10 why her Telephone Consumer Protection Act claims against Sunbelt Homes shouldn’t be dismissed for lack of prosecution, said the judge’s signed order Friday (docket 1:23-cv-05178). Risher’s Nov. 9 complaint alleged that Sunbelt “routinely violates” the TCPA by sending telemarketing text messages to residential cellphone numbers listed on the national do not call registry (see 2311120005). With Sunbelt’s April 1 deadline for answering the complaint having passed with no response filed, the plaintiff hasn’t taken “further action of record” to prosecute her case, said the judge’s order.