Ferriss et al v. Alliance Publishing, Inc. et al

Filing 45

ORDER Temporarily VACATING Briefing and Hearing on 33 Defendants' Motion for Leave to File Amended Answer and Affirmative Defenses. Signed by Judge Edward M. Chen on 3/23/2016. (Attachments: # 1 Certificate/Proof of Service). (emcsec, COURT STAFF) (Filed on 3/23/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TIMOTHY FERRISS, et al.,
Plaintiffs,

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Case No. 15-cv-05675-EMC

v.

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ALLIANCE PUBLISHING, INC., et al.,

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Defendants.

ORDER TEMPORARILY VACATING
FURTHER BRIEFING AND HEARING
ON DEFENDANTS’ MOTION FOR
LEAVE TO FILE AMENDED ANSWER
AND AFFIRMATIVE DEFENSES

For the Northern District of California

United States District Court

Docket No. 33
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Plaintiffs have filed suit against multiple Defendants, including but not limited to Wealth

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Partners Publishing (“WPP”), which appears to be an Illinois corporation, and Candice

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Cunningham, who appears to be affiliated with WPP. Previously, Plaintiffs moved to strike

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WPP’s answer on the ground that the answer had been filed by Ms. Cunningham (on WPP’s

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behalf) but she is not an attorney. See Docket No. 29 (motion). Subsequently, Ms. Cunningham

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filed – on both her behalf and WPP’s – a motion for leave to file an amended answer and

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affirmative defenses. See Docket No. 33 (motion). Plaintiffs then withdrew their motion based on

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their understanding that Ms. Cunningham was trying to retain counsel to represent both herself

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and WPP. According to Plaintiffs, “[o]nce counsel has been retained, Plaintiffs anticipate entering

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a stipulation to permit Defendants Cunningham and [WPP] to file an amended Answer.” Docket

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No. 43 (Not. at 2).

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In light of the above circumstances, the Court concludes that, as a matter of efficiency, it

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makes sense to temporarily VACATE further briefing and the hearing on Ms. Cunningham and

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WPP’s motion for leave to file an amended answer and affirmative defenses. Within 60 days of

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the date of this order, the parties are to jointly report back on (1) whether Ms. Cunningham and

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WPP have been able to retain counsel and (2) whether it is necessary to proceed with briefing and

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hearing on the motion for leave to file an amended answer and affirmative defenses.

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IT IS SO ORDERED.

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Dated: March 23, 2016
______________________________________
EDWARD M. CHEN
United States District Judge

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For the Northern District of California

United States District Court

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