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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 DESIGN DATA CORPORATION, Case No. 12-cv-04131-WHO Plaintiff, 8 v. 9 10 UNIGATE ENTERPRISE, INC., et al., Defendants. Re: Dkt. Nos. 46, 49 11 United States District Court Northern District of California ORDER LIFTING STAY AND GRANTING MOTION TO STRIKE THE ANSWER OF DEFENDANT UNIGATE INVESTMENT, INC 12 13 On September 12, 2013, the Court entered an Order Denying Motion to Strike, Partially 14 Staying Case and Setting Case Management Conference because the corporate status of 15 defendants Unigate Enterprise, Inc. and Unigate Investment, Inc. had been suspended. Docket No. 16 49. At the Case Management Conference on October 1, 2013, defendants reported that Unigate 17 Enterprise, Inc.’s corporate status has been restored and that, because Unigate Investment, Inc. has 18 not conducted any business for over a decade and the cost of reinstatement is too high, Unigate 19 Investment, Inc. would not pay the necessary amount to be reinstated. 20 Accordingly, the stay is lifted in all respects. In addition, the Court GRANTS plaintiff’s 21 motion to strike the answer of defendant Unigate Investment, Inc. Since Unigate Investment, 22 Inc.’s corporate status was suspended at the time the answer was filed, and since a suspended 23 corporation cannot defend an action in court, and since it has no intent to reinstate its corporate 24 status, there is no basis for keeping the stay in effect or for not striking its answer. 25 26 27 28 IT IS SO ORDERED. Dated: October 1, 2013 ______________________________________ WILLIAM H. ORRICK United States District Judge

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