Judge Orders Mo. T-Mobile Utility Tax Case Dismissed With Prejudice

U.S. District Judge Stephen Bough granted plaintiff Michelle Blankenship and defendant T-Mobile Central’s stipulation Monday (see 2310170013) for dismissal Tuesday, said a text-only order (docket 4:23-cv-00561) in U.S. District Court for Western Missouri in Kansas City. The parties submitted a joint stipulation of dismissal without prejudice. After granting the dismissal without prejudice Tuesday, Bough filed another notice that the filing was in error and ordered the case dismissed with prejudice. Blankenship’s August complaint alleged 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.