Success by Health affiliates are harassing the Judge hearing the FTC’s case against the company.
Judge Lanza has labeled comments directed at him and his family as “highly inappropriate and disturbing”.
Earlier this year a group of just over 700 affiliates sought to intervene in the FTC’s case.
The motion was denied, on the grounds it had been filed “far too late”.
On June 1st, the same group of affiliates filed a renewed motion to intervene. A decision on that motion remains pending.
In the meantime two Success By Health affiliates, Jerry Ayers (right) and Jo Dee Baer, have taken it upon themselves to harass Judge Lanza and his family.
In an order filed on July 1st, Judge Lanza wrote;
Pending before the Court is motion to intervene. The motion will be addressed in due course, but recent developments necessitate the issuance of this order.
One of the proposed intervenors is Jerry Ayers.
Over the past few days, a person identifying himself as Jerry Ayers has placed a large volume of phone calls to the undersigned judge’s chambers, leaving voicemails that not only address the merits of this case but include many comments about the undersigned judge’s personal background.
These voicemails are highly inappropriate and disturbing.
Another of the proposed intervenors is Jo Dee Baer.
In recent days, a person identifying herself as Jo Dee Baer has identified the Twitter account of one of the undersigned judge’s family members and attempted to post, on that family member’s Twitter page, messages that address the merits of this case.
Such messages are, like the voicemails, highly inappropriate and disturbing.
In light of Ayers’ and Dee Baer’s disturbing conduct, a hearing was scheduled for July 6th (later rescheduled for July 7th).
During the telephonic status conference, Intervenors’ counsel should be prepared to address the steps he is taking to prevent his clients from engaging in inappropriate ex parte communications with the Court and from engaging in other inappropriate conduct.
That hearing went ahead on July 7th.
Intervenors’ counsel Mitts addresses the Court regarding the issues raised in the Court’s July 1, 2021, Order and advises the Court he has spoken with his clients regarding their conduct.
Whether Ayers and Dee Baers (right) cease harassing Judge Lanza and his family remains to be seen.
With respect to the second filed intervention motion;
Proposed Intervenors are a group of nearly 1,000 affiliates of Success By Health ho hereby renew their motion to intervene in this action to enforce their contractual and constitutional rights which are being infringed by Plaintiff Federal Trade Commission (the “FTC”) in bringing this action and restricting the operations of Success By Health (“SBH”).
Since the Court denied Proposed Intervenors’ prior Motion to Intervene on April 2, 2021, the factual and legal circumstances of this case have shifted markedly, necessitating that the Court now grant Proposed Intervenors’ motion.
Cited changes include there now being “nearly 1000” affiliates and of course the AMG Supreme Court decision.
Seeing as the court is working through the AMG decision with the parties, it seems likely this second motion to intervene will be granted.
Regardless of the judicial merit of the motion, certainly harassing a Judge and his family isn’t a good look.