UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

LAKISHA T. SMITH, 

Plaintiff, 

vs. 

STELLAR RECOVERY, INC. and 

COMCAST CORPORATION, and 

COMCAST OF DETROIT, LLC, 

Defendants. 

Case No.: 15-cv-11717 

Hon. Stephen J. Murphy, III 

Hon. Magistrate Mona K. Majzoub 

DEFENDANT, STELLAR RECOVERY, INC’S, NOTICE OF FILING SUPPLEMENTAL 

AUTHORITY IN SUPPORT OF DEFENDANT’S MOTION FOR PARTIAL SUMMARY 

JUDGMENT WITH SUPPORTING MEMORANDUM OF LAW

COMES NOW Defendant, Stellar Recovery, Inc. (“Stellar”), by and through its 

undersigned counsel, and hereby files this Notice of Filing Supplemental Authority in support of 

Defendant’s Motion for Partial Summary Judgment with Supporting Memorandum of Law [DE 

44], and attaches a true and correct copy of the United States District Court, Middle District of 

Florida, Tampa Division’s Order [DE 63] on the Defendant’s Motion for Summary Judgment [DE 

41] entered on September 2, 2016 in the case styled, Eduardo Pozo v. Stellar Recovery Collection 

Agency, Inc., Case No. 8:15-cv-929-T-AEP, as attached hereto.

As in the instant case, the main issue in the Pozo case was whether the LiveVox HCI system 

utilized by Stellar to call Plaintiff is an automatic telephone dialing system (“ATDS”) under the 

TCPA. The Pozo Court granted Summary Judgment in Defendant’s favor on the ATDS issue, 

concluding that “because [Defendant] Stellar’s HCI system required its representatives to 

manually dial all calls and was not capable of making any calls without human intervention, Stellar 

did not employ an autodialer. Because Stellar did not make autodialed calls, Stellar cannot be liable 

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under the TCPA.” Id. at 11. In so concluding the Court also stated “There is no evidence that 

Stellar could modify HCI to make autodialed calls. HCI uses its own unique software and hardware 

different from other LiveVox systems. HCI is stored on a separate server from other LiveVox 

systems. HCI does not possess any features that may be activated to enable automated calling. 

Furthermore, [there are] multiple cases...illustrating that electronic systems using point and click 

software are not autodialers.” Id. at 10. 

WHEREFORE, Defendant Stellar Recovery, Inc. hereby requests that this Court consider 

this case, which was decided after Defendant filed their Motion for Partial Summary Judgment, as 

supplemental authority in support of their motion.

Dated this 8th day of September, 2016.

Respectfully submitted,

/s/Alison N. Emery

Alison N. Emery

Assurance Law Group

3731 Hendricks Avenue

Jacksonville, FL 32207

904-497-4904 (phone)

904-458-8979 (fax)

alison@assurancelawgroup.com

CERTIFICATE OF SERVICE

I, Alison Emery, Counsel for Stellar Recovery, hereby certify that on September 8, 2016 I 

electronically filed the foregoing document with the Clerk of Court for the United States District 

Court, Eastern District of Michigan, Southern Division, using the ECF system which will send 

notification of such filing to the attorneys of record.

Respectfully submitted,

/s/Alison N. Emery 

Alison N. Emery

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