Brigitte Bogart v. RTW Retailwinds Acquisition LLC et al

Filing 73

(IN CHAMBERS) AMENDED ORDER TO SHOW CAUSE WHY DEFENDANTS' ANSWER SHOULD NOT BE STRICKEN AND DEFAULT SHOULD NOT BE ENTERED by Judge Sunshine Suzanne Sykes. Defendants are ORDERED to respond by noon on January 30, 2025. The Court SETS a hearing regarding this Order to Show Cause for January 31, 2025 at 1 P.M. in person at Courtroom 2 on the 2nd floor of the United States District Court, 3470 12th Street, Riverside, California 92501. [SEE DOCUMENT FOR FURTHER INFORMATION.]

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UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES— GENERAL Case No. 8:23-cv-01268-SSS-DFMx Date January 27, 2025 Title Brigitte Bogart v. RTW Retailwinds Acquisition LLC et al Present: The Honorable SUNSHINE S. SYKES, UNITED STATES DISTRICT JUDGE Irene Vazquez Not Reported Deputy Clerk Court Reporter Attorney(s) Present for Plaintiff(s): Attorney(s) Present for Defendant(s): None Present None Present Proceedings: (IN CHAMBERS) AMENDED ORDER TO SHOW CAUSE WHY DEFENDANTS’ ANSWER SHOULD NOT BE STRICKEN AND DEFAULT SHOULD NOT BE ENTERED This case is set for trial on February 24, 2025, with a Final Pretrial Conference on January 31, 2025. [Dkt. 54 at 4]. Defendants have failed to file any required pretrial documents in violation of this Court’s Civil Trial Order. [See Dkt. 54 at 5–12]. In a status report filed only by Plaintiff, she states Defendants have “failed to participate in any way” in this litigation. [Dkt. 67]. The record in this case similarly reflects Defendants failure to participate. [See Dkt. 59 (noting Defendants failure to appear for a hearing regarding motions to compel); see Dkt. 56 (Ninth Circuit’s dismissal of appeal for Defendants’ failure to file an opening brief)]. The Court ORDERS Defendants to show cause as to why Defendants’ Answer should not be stricken for failure to comply with this Court’s orders and default should not be entered. [Dkt. 38]. VBConversions, LLC v. Gulf Coast Ventures, Inc., No. CV 12-8265 JGB (AGRx), 2016 WL 11687659, at *2 (C.D. Cal. Jan. 20, 2016) (“District courts have the inherent authority to strike an answer and declare a default as a sanction for a party's failure to prosecute, contempt of a court order, or abusive litigation practices.”). Defendants are ORDERED to Page 1 of 2 CIVIL MINUTES—GENERAL Initials of Deputy Clerk iv respond by noon on January 30, 2025. The Court SETS a hearing regarding this Order to Show Cause for January 31, 2025 at 1 P.M. in person at Courtroom 2 on the 2nd floor of the United States District Court, 3470 12th Street, Riverside, California 92501. IT IS SO ORDERED. Page 2 of 2 CIVIL MINUTES—GENERAL Initials of Deputy Clerk iv

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