Becker
Becker v. Tig Insurance Company
Opinion
Opinion
facts are familiar to the parties, we reference them only as they are relevant to the
decision.
The first factor—the public’s interest in expeditious resolution of litigation—
strongly favored dismissal. Homeowners exhibited a pattern of noncompliance with
deadlines. Failure to comply with the court’s orders or the Federal Rules of Civil
Procedure provides grounds for dismissal under Rule 41(b). Fed. R. Civ. P. 41(b).
Homeowners argue that they missed these deadlines in good faith, but a showing of
bad faith is not required under the court’s inherent power to dismiss for lack of
24-443 prosecution under Rule 41(b). See Henderson v. Duncan, 779 F.2d 1421, 1425 (9th
Cir. 1986).
The second factor—the district court’s need to manage its docket—also
strongly favored dismissal. Plaintiffs’ repeated failures to meet deadlines
undermined efficient management of the district court’s docket. See Pagtalunan,
291 F.3d at 642.
The third factor—the risk of prejudice to Appellee TIG Insurance Company
(“TIG”)—also strongly favored dismissal. TIG suffered prejudice because