Plaintiff, T-Mobile File Joint Stipulation to Dismiss Case Involving Alleged 'Utility Tax'

Plaintiff Michelle Blankenship and defendant T-Mobile Central filed a joint stipulation (docket 4:23-cv-00561) Monday in U.S. District Court for Western Missouri in Kansas City to dismiss without prejudice Blankenship’s August complaint alleging T-Mobile collected from customers a “city license” or “utility tax” it wasn’t authorized to collect (see 2308100031). In its September motion to dismiss, T-Mobile said Blankenship’s case was “the exact same lawsuit” she filed last year in which a state court compelled her claims to arbitration (see 2309130009). Blankenship asserted two counts against T-Mobile, for unjust enrichment, and for alleged violations of the Missouri Merchandising Practices Act. “Both claims are governed by a five-year limitations period that long ago expired," said T-Mobile's motion to dismiss. The sort of “gamesmanship” and waste of judicial resources being practiced by Blankenship and her attorneys have "long been disallowed,” it said.