REPEAT LITIGATOR CAUTIONED: Court Suggests Anton Ewing Engaged In “Uncivil Aspersions” And Stays Discovery in His TCPA Case

Anton Ewing is a favored son of TCPAWorld.

So many cases he has filed, and so many entertaining stories arise.

It seems he always finds a way to clash with his opponents, which I suppose is the point of litigation–but only to a degree.

In this latest dust up, the Court in Ewing v. Premium Merchant Funding One, LLC 2023 WL 5154520 (S.D. Cal. Aug. 10, 2023) granted his opponent’s motion to stay discovery and denied sanctions Ewing had requested.

Apparently the Defendant in the case had sent an email of some kind to the Court’s chambers and also allegedly made “derogatory and unprofessional remarks” about Ewing. And that wasn’t very nice.

So Ewing sought sanctions against the Defense counsel, but the Court said “no” citing Ewing’s own “uncivil aspersions.”

The Court ultimately cautions both Ewing and the defense counsel to behave themselves: “Mr. Ewing and Mr. Frampton are both further cautioned that any uncivil or ad hominem statements directed toward the other must stop immediately.”

Be good fellas and stop fighting.

The Court also stayed discovery in light of a pending motion to dismiss. TCPA litigants should often seek to stay discovery where a pending motion might be dispositive of a suit. Many times a Plaintiff will even stipulate to such a stay to preserve resources–although Ewing apparently did not do so in this case.

Last–Mr. Ewing and I know you read my blog with some regularity (and passion) would love to have you on the podcast sometime. Everybody loves the new format and I am sure folks would love to hear from you. Plus, the Czar always treats all of his guests fairly. So you can say your piece as well.


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