Federal Trade Commission v. Adept Management, Inc. et al

Filing 187

ORDER: In light of the unrepresented corporate defendants' failure to respond or otherwise appear in compliance with the Court's Order 148 , the Court issued an Order to Show Cause 185 , ordering the unrepresented corporate defendants t o file a notice of appearance with the Court by July 20, 2017, or otherwise submit a written explanation to the Court for why the Court shouldnot strike the defendants' answers and enter an order of default against each of them. As of this date, no notices have been filed, nor has any defendant filed an explanation or a request for an extension of time to do so. Therefore, the unrepresented corporate defendants' answers are hereby stricken from the record, and the Clerk is directed to enter default against each one. Ordered and Signed on 08/07/2017 by Magistrate Judge Mark D. Clarke. (rsm)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
MEDFORD DIVISION

FEDERAL TRADE COMMISSION,

Civ. No. 1:16-cv-00720-CL

Plaintiff,

ORDER
v.
ADEPT MANAGEMENT INC., et al,
Defendants.

CLARKE, Magistrate Judge.
Plaintiff FTC filed its Complaint on April 27, 2016. Defendants Adept Management,
Inc., Anchor Publishing, Associated Publishers Network, Atlas

Business

Consulting,

Consolidated Publishers Exchange, Inc., Crown Resource Management, Customer Access
Services, Express Publishers Service, HCG, Inc., Henry Cricket Group,

Liberty Publishers

Service, Magazine Clearing Exchange, Inc., Magazine Link, Inc., Maximillian, Inc., North West
Data Services, Publishers Payment Processing, Specialties, Inc., Subscription House Agency,
United Publishers Exchange, and Wineoceros Wine Club were all represented by Attorney David
Lennon, along with other individual defendants.

Through Mr. Lennon, these corporate

defendants filed an answer (#131) to Plaintiffs Complaint on March 13, 2017. On April 6,
however, the Court granted Mr. Lennon's motion to withdraw as counsel (#148), subject to

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certain conditions, including "advising his clients of his withdrawal and the need for them to find
new counsel or appear pro se within 30 days, as well as the requirement to file a notice
containing addresses and contact information for each of his clients." On April 12, Mr. Lennon
filed a notice of contact information for each of his clients, which the Court entered into the
system to provide further notices to the parties. Since that time, however, numerous mailings to
the defendants have come back to the Court marked "Mail Returned - Undeliverable.'·
Additionally, none of the corporations named above have appeared in any other manner or
responded to any contact from any of the parties. By contrast, the individual defendants
previously represented by Mr. Lennon have filed notices of appearances indicating each person's
intent to proceed unrepresented in the case.
In light of the unrepresented corporate defendants' failure to respond or otherwise appear
in compliance with the Court's Order (#148), the Court issued an Order to Show Cause (#185),
ordering the unrepresented corporate defendants to file a notice of appearance with the Court by
July 20, 2017, or otherwise submit a written explanation to the Court for why the Court should
not strike the defendants' answers and enter an order of default against each of them. As of this
date, no notices have been filed, nor has any defendant filed an explanation or a request for an
extension of time to do so. Therefore, the unrepresented corporate defendants' answers are
hereby stricken from the record, and the Clerk is directed to enter default against each one.

ItisSOORDEREDandD:E//~~
MARK D. CLARKE
United States Magistrate Judge

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