Diaz
Diaz v. O' Malley
Opinion
Trial Court Opinion
DISCUSSION
District courts have inherent power to control their dockets and may impose sanctions, including dismissal, in the exercise of that discretion. Oliva v. Sullivan, 958 F.2d 272, 273 (9th Cir. 1992). The Ninth Circuit has “repeatedly upheld the imposition of the sanction of dismissal for failure to comply with pretrial procedures mandated by local rules and court orders.” Thompson v. Housing Authority of City of Los Angeles, 782 F.2d 829, 831 (9th Cir. 1986). However, because dismissal is such a severe remedy, courts should first weigh several factors: “(1) the public’s interest in expeditious resolution of litigation; (2) the court’s need to manage its docket; (3) the risk of prejudice to the defendants; (4) the public policy favoring disposition of cases on their merits. . . (5) the availability of less drastic sanctions;” and (6) whether the court has given the 25 26 Unless otherwise noted, internal quotation marks, ellipses, brackets, citations, footnotes, and parallel reporter citations are omitted from citations. 28 1 || plaintiff “warning of imminent dismissal.” /d. …