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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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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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,

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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,

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v.

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BRIAN MACDONALD, an individual;
LOVESURF, INC., a Delaware
corporation; and DOES 1-10, inclusive,

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(2) DIRECTING CLERK OF THE
COURT TO ENTER DEFAULT AS
TO DEFENDANT LOVESURF, INC.;

Defendants.

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(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)

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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
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(collectively, “Plaintiffs”) filed a motion to strike the answer of Defendant Lovesurf, Inc.,

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strike the counterclaim of Defendant Lovesurf, Inc., and enter default as to Defendant

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Lovesurf, Inc. on the grounds that Lovesurf, Inc. cannot proceed in the instant litigation

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without counsel. (Dkt. No. 132.)

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The Court conducted a hearing on the matter on February 17, 2017. (Dkt. No.

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148.) Geoffrey Thorne, Esq. appeared on behalf of Plaintiffs. (Id.) Brian MacDonald

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appeared in propria persona. (Id.)

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Mr. MacDonald represented to the Court at the hearing that Lovesurf, Inc. is not

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represented by counsel, and that he intends to proceed pro se in the instant action. As a

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corporation, Lovesurf, Inc. may not appear in this Court unrepresented. See CivLR 83.3

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(“All other parties, including corporations, partnerships and other legal entities, may

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appear in court only through an attorney permitted to practice pursuant to Civil Local

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Rule 83.3.”). Accordingly, the Court GRANTS Plaintiffs’ motion to strike Defendant

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Lovesurf, Inc.’s answer and dismiss Defendant Lovesurf, Inc.’s counterclaim.

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II.

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In accordance with the above, and pursuant to Federal Rule of Civil Procedure

Entry of Default

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55(a), the Court DIRECTS the Clerk of the Court to enter default as to Defendant

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Lovesurf, Inc.

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III.

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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)

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In light of the fact that the jury trial set for February 21, 2017 has been vacated,

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(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.

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////

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Dated: February 17, 2017

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cc:
Brian MacDonald
32158 Camino Capistrano #104-501
San Juan Capistrano, CA 92675-3720

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