Washington, a defendant suit brought by Babygrande Global, Inc., has failed to comply with multiple orders to appear for the examination. Judge Clarke found that Washington had “egregiously failed to comply” with clear and unambiguous directives, noting that he refused to travel to New York even when co-defendant EVEN Labs arranged and paid for his travel.
The court’s order details a pattern of noncompliance that began months ago. On March 19, 2026, Clarke issued an Order to Show Cause directing Washington to explain why sanctions should not be imposed. Washington did not appear at the April 14, 2026 hearing.
Despite the missed hearing, Clarke initially attempted to accommodate Washington’s claimed medical concerns by scheduling a forensic examination near his home in Greenbelt, Maryland. Washington again failed to appear, alerting the court that he was “not available” to proceed.
“A court may hold a party in civil contempt for failure to comply with a court order if ‘(1) the order the party failed to comply with is clear and unambiguous, (2) the proof of noncompliance is clear and convincing, and (3) the party has not diligently attempted to comply in a reasonable manner,’” Clarke wrote, citing Second Circuit precedent.
The judge rejected Washington’s argument that his inability to proceed was “not based on delay or refusal.”
“Plainly, what he denies is precisely what he continues to do: delay and refuse to comply with the Court’s clear orders,” Clarke wrote.
Under the new order, Washington has until May 25, 2026, to coordinate with the U.S. Marshals Service to bring his devices and any necessary unlocking information to the federal courthouse in Greenbelt. If he fails to do so, he will be fined $100 per day. After 14 days of noncompliance, the fine increases to $500 per day.
The total fine is capped at $15,000. Clarke noted that Washington’s financial circumstances are “somewhat unclear” but that he is “not currently employed.”
If the fines reach the cap and Washington continues to refuse compliance, Clarke stated she will issue an order to show cause regarding a warrant for his arrest. If he continues to refuse, the court will issue the warrant.
“Mr. Washington will be incarcerated until he complies,” the order states.
Washington had recently asked for time to obtain legal counsel. Clarke noted he has had over six months to do so since his former counsel withdrew. She advised him of the Pro Se Law Clinic run by the City Bar Justice Center, which can provide advice to self-represented parties.