Champion-Cain et al v. MacDonald et al

Filing 149

ORDER: Granting Motion to Strike Answer and Dismiss Counterclaim of Defendant Lovesurf, Inc. 132 ; Directing Clerk of the Court to Enter Default as to Defendant Lovesurf, Inc.; and Denying as Moot Plaintiffs' Ex Parte Motion to Allow Witness to Testify Telephonically at Trial 145 and Motion to Exclude Evidence of Damages Incurred by Defendants 109 . Signed by Judge Gonzalo P. Curiel on 2/17/17.(All non-registered users served via U.S. Mail Service)(dlg)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 SOUTHERN DISTRICT OF CALIFORNIA 9 10 11 12 13 GINA CHAMPION-CAIN, an individual; LUV SURF, LP, a California limited partnership; ANI COMMERCIAL CA I, LLC, a California limited liability company; and ANI COMMERCIAL CA II, LP, a California limited partnership, 14 Case No.: 3:14-cv-02540-GPC-BLM ORDER: (1) GRANTING MOTION TO STRIKE ANSWER AND DISMISS COUNTERCLAIM OF DEFENDANT LOVESURF, INC. (ECF No. 132); Plaintiffs, 15 v. 16 BRIAN MACDONALD, an individual; LOVESURF, INC., a Delaware corporation; and DOES 1-10, inclusive, 17 18 (2) DIRECTING CLERK OF THE COURT TO ENTER DEFAULT AS TO DEFENDANT LOVESURF, INC.; Defendants. 19 (3) DENYING AS MOOT PLAINTIFFS’ EX PARTE MOTION TO ALLOW WITNESS TO TESTIFY TELEPHONICALLY AT TRIAL (ECF No. 145) AND MOTION TO EXCLUDE EVIDENCE OF DAMAGES INCURRED BY DEFENDANTS (ECF No. 109) 20 21 22 23 24 25 26 27 28 I. Motion to Strike Answer and Dismiss Counterclaim of Defendant Lovesurf, Inc. (Dkt. No. 132) On January 17, 2017, Plaintiffs and Counter-Defendants Gina Champion-Cain, Luv Surf, L.P., ANI Commercial CA I, LLC, and ANI Commercial CA II, L.P.’s 1 14cv2540 1 (collectively, “Plaintiffs”) filed a motion to strike the answer of Defendant Lovesurf, Inc., 2 strike the counterclaim of Defendant Lovesurf, Inc., and enter default as to Defendant 3 Lovesurf, Inc. on the grounds that Lovesurf, Inc. cannot proceed in the instant litigation 4 without counsel. (Dkt. No. 132.) 5 The Court conducted a hearing on the matter on February 17, 2017. (Dkt. No. 6 148.) Geoffrey Thorne, Esq. appeared on behalf of Plaintiffs. (Id.) Brian MacDonald 7 appeared in propria persona. (Id.) 8 Mr. MacDonald represented to the Court at the hearing that Lovesurf, Inc. is not 9 represented by counsel, and that he intends to proceed pro se in the instant action. As a 10 corporation, Lovesurf, Inc. may not appear in this Court unrepresented. See CivLR 83.3 11 (“All other parties, including corporations, partnerships and other legal entities, may 12 appear in court only through an attorney permitted to practice pursuant to Civil Local 13 Rule 83.3.”). Accordingly, the Court GRANTS Plaintiffs’ motion to strike Defendant 14 Lovesurf, Inc.’s answer and dismiss Defendant Lovesurf, Inc.’s counterclaim. 15 II. 16 In accordance with the above, and pursuant to Federal Rule of Civil Procedure Entry of Default 17 55(a), the Court DIRECTS the Clerk of the Court to enter default as to Defendant 18 Lovesurf, Inc. 19 III. 20 Plaintiffs’ Ex Parte Application To Allow Witness Carol Haggerty to Testify Telephonically At Trial (Dkt. No. 145) and Motion in Limine to Exclude Evidence of Damages Incurred by Defendants (Dkt. No. 109) 21 In light of the fact that the jury trial set for February 21, 2017 has been vacated, 22 23 24 25 (Dkt. No. 148), the Court accordingly DENIES AS MOOT Plaintiffs’ ex parte application to allow Ms. Haggerty to testify telephonically at trial (Dkt. No. 145) and motion in limine to exclude evidence of damages incurred by Defendants (Dkt. No. 109). IT IS SO ORDERED. 26 27 //// 28 2 14cv2540 1 Dated: February 17, 2017 2 3 4 5 6 7 8 9 cc: Brian MacDonald 32158 Camino Capistrano #104-501 San Juan Capistrano, CA 92675-3720 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 14cv2540

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