Defendants' Emergency Motion to Dismiss for Lack of Authority Denied; Motion to Strike Document Authenticity Expert Denied

Nord Service, Inc. v. Palter, --- F.Supp.2d ----, 2008 WL 620545(E.D.Tex. Mar 03, 2008) (NO. 2:06 CV 548)
Judge: Leonard Davis
Holding: Defendants' Emergency Motion to Dismiss for Lack of Authority DENIED; Motion to Strike Document Authenticity Expert DENIED
Plaintiffs asserted the defendants did lots of bad, bad things (not including patent infringement, so you patent lawyers can quit reading right now).  Defendants asserted, in essence, that Plaintiffs did not own the leg that their dog bit, assuming of course that there was actually a biting, which they deny (or maybe they admit the biting but deny that they own the dog - to borrow Jim Belushi's famous phrase from the underrated cinema classic About Last Night, "at this point, we don't know").  Judge Davis held a day and a half evidentiary hearing on the issue of whether the plaintiffs had authority to bring this action against the defendants, and concluded that the defendants' motion attacking the plaintiff's authority to bring the action should be denied.  Of interest was the related motion to strike the testimony of an expert regarding the authenticity (or lack thereof) of the various corporate documents at issue, which Judge Davis also denied.