Opinion
Civil Action No. 05-cv-00205-WYD-CBS.
June 16, 2008
ORDER
THIS MATTER is before the Court on Plaintiff's Motion to Dismiss, filed June 11, 2008 (docket #38). As grounds therefor, Plaintiff states that on March 3, 2008, the Colorado Supreme Court issued it ruling in Kruse v. McKenna, Case No. 06SC555, wherein the court held that assignees lack standing to bring claims pursuant to the Telephone Consumer Act. Plaintiff is an assignee and therefore lacks standing to prosecute the claims alleged in this case. Having reviewed the Motion and the premises therein, it is hereby
ORDERED that Plaintiff's Motion to Dismiss, filed June 11, 2008 is GRANTED. It is
FURTHER ORDERED that this case is DISMISSED.