Brigitte Bogart v. RTW Retailwinds Acquisition LLC

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES— GENERAL Case No. 8:23-cv-01268-SSS-DFM Date January 23, 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) 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 ram 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. on Zoom.

IT IS SO ORDERED.

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