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Golan v. Veritas Entm't, LLC

United States Court of Appeals, Eighth Circuit

June 8, 2015

Ron Golan; Dorit Golan, individually and on behalf of all others similarly situated, Plaintiffs - Appellants
v.
Veritas Entertainment, LLC; Veritas Marketing Group, LLC; FreeEats.com, Inc., doing business as CC Advertising; AIC Communications, LLC, doing business as CC Advertising; Gabriel S. Joseph, III; Stephen Wayne Griffin; Mission City Management, Inc.; Courage 2012, LLC; James R. Leininger; SixDi, Inc., doing business as SixDi; Bob Brewer; Michael Dale Huckabee, also known as Mike Huckabee, Defendants - Appellees

Submitted March 11, 2015.

Page 815

Appeal from United States District Court for the Eastern District of Missouri - St. Louis.

For Ron Golan, Dorit Golan, individually and on behalf of all others similarly situated, Plaintiffs - Appellants: Ronald J. Eisenberg, Robert Schultz, Schultz & Associates, Chesterfield, MO.

For Veritas Entertainment, LLC, Veritas Marketing Group, LLC, Stephen Wayne Griffin, Defendants - Appellees: Molly Theresa Cusson, Ronald Michael Jacobs, Ari Nicholas Rothman, Venable Law Office, Washington, DC; Cicely I. Lubben, Kimberly Means Steuterman, Stinson & Leonard, Saint Louis, MO.

For FreeEats.com, Inc., doing business as: CC Advertising, AIC Communications, LLC, doing business as: CC Advertising, Gabriel S. Joseph, III, Defendants - Appellees: Steven Howard Schwartz, Elizabeth S. Silker, Teresa Michelle Young, Brown & James, Saint Louis, MO.

For Mission City Management, Inc., Courage 2012, LLC, James R. Leininger, Defendants - Appellees: John Fontana Cooney, Molly Theresa Cusson, Ronald Michael Jacobs, Ari Nicholas Rothman, Lyndsay Elizabeth Steinmetz, Venable Law Office, Washington, DC; Cicely I. Lubben, Kimberly Means Steuterman, Stinson & Leonard, Saint Louis, MO.

For Michael Dale Huckabee, also known as: Mike Huckabee, Defendant - Appellee: John Fontana Cooney, Molly Theresa Cusson, Ronald Michael Jacobs, Ari Nicholas Rothman, Lyndsay Elizabeth Steinmetz, Venable Law Office, Washington, DC.

Before MURPHY and SHEPHERD, Circuit Judges, and BROOKS,[1] District Judge.

OPINION

Page 816

MURPHY, Circuit Judge.

In September 2012 Ron and Dorit Golan received two unsolicited, prerecorded messages on their home phone line. Each message stated: " Liberty. This is a public survey call. We may call back later." The Golans filed a putative class action against Veritas Entertainment, LLC, Veritas Marketing Group, LLC, FreeEats.com, Inc., AIC Communications, LLC, Gabriel Joseph, Stephen Griffin, Mission City Management, Inc., Courage 2012, LLC, James Leininger, SixDi, Inc., Bob Brewer, and Mike Huckabee (collectively, " defendants" ), alleging that defendants initiated the phone calls as part of a telemarketing campaign to promote the film Last Ounce of Courage, in violation of the Telephone Consumer Protection Act, 47 U.S.C. § 227, and the Missouri Do Not Call Law, Mo. Rev. Stat. § 407.1098. The district court dismissed the complaint with prejudice, concluding that the Golans did not have standing and were inadequate class representatives, and they now appeal. We reverse and remand.

Last Ounce of Courage was initially owned by Eastern Gate Films, LLC. During the production of the film, Eastern Gate asked Stephen Griffin, the president and chief executive officer of Veritas Entertainment, LLC and Veritas Management, LLC, to " come alongside and fix the film." Griffin accepted the offer in exchange ...


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