Generation 2000, LLC v. Bowen

Filing 27

ORDER Granting 24 Plaintiff's Motion for Sanctions and Granting 25 Plaintiff's Motion for Default Judgment. Signed by Judge James C. Mahan on 02/05/2014. (Copies have been distributed pursuant to the NEF - AC)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 7 8 2:12-CV-1408 JCM (GWF) GENERATION 2000, LLC, dba WENDOVER NUGGET CASINO, 9 Plaintiff(s), 10 11 v. 12 CHERISH BOWEN, 13 Defendant(s). 14 15 ORDER 16 Presently before the court are plaintiff Generation 2000, LLC’s motions for sanctions and 17 default judgment. (Docs. # 24 & 25). To date, defendant Cherish Bowen has failed to file any 18 opposition to these motions. 19 Federal Rule of Civil Procedure 37(b)(2)(A) provides that a court may strike a party’s 20 pleadings in whole or in part and enter default judgment against the party who has failed to comply 21 with an order to provide or permit discovery. 22 To date, defendant’s entire involvement in this case has consisted of a single one-page letter 23 setting forth a general denial of the claims against her. (Doc. # 6). The court ordered a significant 24 discovery period in which defendant failed to comply with all of plaintiff’s discovery requests. 25 Defendant has failed to provide initial disclosures, and it appears that her phone number has been 26 disconnected. Defendant has not provided a phone number at which the court or plaintiff can contact 27 her. On January 3, 2014, defendant failed to appear at a telephonic status conference. Similarly, 28 James C. Mahan U.S. District Judge 1 defendant failed to appear at a settlement conference on January 6, 2014. 2 Having failed to comply with all of plaintiff’s discovery requests and due to her repeated 3 failures to appear at scheduled hearings, this court finds it appropriate to enter default against 4 defendant Bowen pursuant to Fed. R. Civ. P. 37(b)(2)(A). 5 Accordingly, 6 IT IS HEREBY ORDERED ADJUDGED AND DECREED that plaintiff’s motions for 7 8 sanctions and default judgment (docs. # 24 & 25) are hereby GRANTED. DATED February 5, 2014. 9 10 UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 James C. Mahan U.S. District Judge -2-

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