United States District Court, C.D. California
MINX INTERNATIONAL, INC.
RUE 21 INC ET AL.
Present: The Honorable CHRISTINA A. SNYDER
CIVIL MINUTES - GENERAL
ORDER STRIKING THE ANSWER FILED BY CLUB HOUSE CREATIONS,
MOTION FOR PARTIAL SUMMARY JUDGMENT (Filed February 24, 2017,
24, 2015, plaintiff Minx International, Inc., d/b/a Damask
Fabrics (“Minx” or “plaintiff”) filed
the instant action. Dkt. 1. On June 15, 2016, plaintiff filed
the operative Second Amended Complaint alleges copyright
infringement by Rue 21, Inc. (“Rue 21”), Club
House Creations, Inc. (“Club House”), and Does
one through ten, inclusive. Dkt. 36 (“SAC”). On
June 23, 2016, Club House filed an answer to the SAC. Dkt.
37. The gravamen of plaintiff's claims is that defendants
infringed upon a copyrighted fabric design.
February 24, 2017, plaintiff filed a partial motion for
summary judgment. Dkt. 49. Plaintiff's motion sought
summary judgment regarding the issue of infringement by
Club House and Rue 21 were represented by attorneys at Nixon
Peabody LLP. In early 2017, Club House and Rue 21's
interests became adverse. On March 10, 2017, Nixon Peabody
LLP filed an application to withdraw as counsel of record for
Rue 21. Dkt. 55.
March 16, 2017, plaintiff filed a notice of partial
settlement stating that it had settled its claims against Rue
21. Dkt. 57. On March 22, 2017, plaintiff withdrew the motion
for partial summary judgment as to Rue 21. Dkt. 58.
March 24, 2017, Nixon Peabody LLP filed a request to withdraw
as attorney for Club House. Dkt. 59. Also on march 24, 2017,
Nixon Peabody LLP filed an opposition to the motion for
partial summary judgment on behalf of Club House. Dkt. 60.
March 27, 2017, the Court held a status conference regarding
settlement in this matter. The Court granted Nixon Peabody
LLP's request to withdraw as counsel for Club House. The
Court further noted:
Pursuant to Local Rule 83-188.8.131.52, it states that “[n]o
appearance may be made and no pleadings or other documents
may be signed in the name of any professional law corporation
. . . except by an attorney admitted to the Bar of or
permitted to practice before this Court.”
By this order, the Court gives defendant Club House
Creations, Inc. Notice that they have thirty (30) days, until
April 26, 2017, to obtain counsel. New counsel shall file a
Notice of Appearance immediately thereafter. Failure to
designate counsel may result in the imposition of monetary
and other sanctions.
Dkt. 61 (emphasis in original). On April 5, 2017, the Court
also granted Nixon Peabody LLP's application to withdraw
as counsel for Rue 21. Dkt. 62.
April 12, 2017, plaintiff filed a reply in support of its
motion for partial summary judgment. Dkt. 63.
8, 2017, the Court held oral argument on plaintiff's
pending motion for partial summary judgment. Counsel for
plaintiff was present. No one appeared on behalf of Club
House, nor has any counsel filed a notice of appearance