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WILDER CHIROPRACTIC v. PIZZA HUT OF SOUTHERN WIS.

No. 10-cv-229-bbc.

754 F.Supp.2d 1009 (2010)

WILDER CHIROPRACTIC, INC., a Wisconsin corporation, and as a representative of a class of similarly situated persons, Plaintiff, v. PIZZA HUT OF SOUTHERN WISCONSIN, INC., Defendant.

United States District Court, W.D. Wisconsin.

December 6, 2010.

Attorney(s) appearing for the Case

Charles H. Barr, Croen & Barr LLP, Milwaukee, WI, Phillip A. Bock, Bock & Hatch, LLC, Chicago, IL, Brian J. Wanca, Anderson & Wanca, Rolling Meadows, IL, for Plaintiff.

David S. Almeida, Michael Best & Friedrich LLP, Chicago, IL, Ian A.J. Pitz, Melissa S. Caulum, Michael Best & Friedrich, LLP, Madison, WI, for Defendant.

OPINION and ORDER

BARBARA B. CRABB, District Judge.

It is not uncommon for the parties on both sides of a lawsuit to attempt to use the rules of procedure to obtain tactical advantages over their adversaries. In this proposed class action brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227, defendant Pizza Hut of Southern Wisconsin, Inc. is attempting to avoid potential liability on a class-wide basis by offering plaintiff Wilder Chiropractic...

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