Jay Johnson v. Robert Goldsmith

MEMORANDUM

Robert M. Goldsmith and Catherine H. Goldsmith appeal from the decision of the district court which imposed a case-dispos-itive sanction by striking their answer and ordering entry of default. We review a decision to impose such a sanction for an abuse of discretion. Conn. Gen. Life Ins. Co. v. New Images of Beverly Hills, 482 F.3d 1091, 1096 (9th Cir.2007).

Before imposing a case dispositive sanction a trial judge must consider five factors: “ ‘(1) the public’s interest in expeditious resolution of litigation; (2) the court’s need to manage its dockets; (3) the risk of prejudice to the party seeking sanctions; (4) the public policy favoring disposition of cases on their merits; and (5) the availability of less drastic sanctions.’ ” Id. at 1096 (quoting Jorgensen v. Cassiday, 320 F.3d 906, 912 (9th Cir.2003)). Obviously, the first and second factors ordinarily will support the sanction while the fourth factor ordinarily will not. The third and fifth factors are generally determinative in deciding whether there was an abuse of discretion. See Adriana Intern. Corp. v. Thoeren, 913 F.2d 1406, 1412 (9th Cir. 1990).

Here, the trial judge found the Goldsmith’s behavior…