Pomponio

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MERYL POMPONIO, Case No. 20-cv-09448-EMC

Plaintiff,

ORDER DENYING MOTION TO

v. DECLARE PLAINTIFF A VEXATIOUS

LITIGANT

BEVERAGES & MORE, INC., et al., Docket Nos. 26, 27 Defendants.

12 13 Pending before the Court is Defendants Jason Zhong Wong and Judi Li Chan Wong’s motion to declare plaintiff Meryl Pomponio a vexatious litigant, which is joined by Defendants Beverages & More, Inc. and Adlan, LLC. See Docket Nos. 26 (“Mot.”); 27 (“Joiner Mot.”). Although Defendants argue that Plaintiff’s complaint is “harassing,” they do not ask the Court to dismiss it. See id. In fact, Defendants’ reply states that “it is clear that Plaintiff lacks standing” and therefore that “Defendants intend to file a motion to dismiss on that basis as soon as possible.” See Docket No. 34 (“Reply”) at 7 (emphasis added). Defendants’ motion to declare Plaintiff a vexatious litigant is DENIED because it is premature. Declaring Plaintiff a…