Design Data Corporation v. Unigate Enterprise, Inc. et al

Filing 51

ORDER LIFTING STAY AND GRANTING MOTION TO STRIKE THE ANSWER OF DEFENDANT UNIGATE INVESTMENT, INC re 46 MOTION to Strike 30 Answer to Amended Complaint and 49 Order on Motion to Strike. Signed by Judge William H. Orrick on 10/01/2013. (jmdS, COURT STAFF) (Filed on 10/1/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DESIGN DATA CORPORATION,

Case No. 12-cv-04131-WHO

Plaintiff,
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v.
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UNIGATE ENTERPRISE, INC., et al.,
Defendants.

Re: Dkt. Nos. 46, 49

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United States District Court
Northern District of California

ORDER LIFTING STAY AND
GRANTING MOTION TO STRIKE THE
ANSWER OF DEFENDANT UNIGATE
INVESTMENT, INC

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On September 12, 2013, the Court entered an Order Denying Motion to Strike, Partially

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Staying Case and Setting Case Management Conference because the corporate status of

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defendants Unigate Enterprise, Inc. and Unigate Investment, Inc. had been suspended. Docket No.

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49. At the Case Management Conference on October 1, 2013, defendants reported that Unigate

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Enterprise, Inc.’s corporate status has been restored and that, because Unigate Investment, Inc. has

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not conducted any business for over a decade and the cost of reinstatement is too high, Unigate

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Investment, Inc. would not pay the necessary amount to be reinstated.

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Accordingly, the stay is lifted in all respects. In addition, the Court GRANTS plaintiff’s

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motion to strike the answer of defendant Unigate Investment, Inc. Since Unigate Investment,

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Inc.’s corporate status was suspended at the time the answer was filed, and since a suspended

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corporation cannot defend an action in court, and since it has no intent to reinstate its corporate

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status, there is no basis for keeping the stay in effect or for not striking its answer.

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IT IS SO ORDERED.
Dated: October 1, 2013
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WILLIAM H. ORRICK
United States District Judge