Rhonda Espy v. Independence Blue Cross

MEMORANDUM

Plaintiff Rhonda Espy appeals the dismissal with prejudice of her action against Defendant Independence Blue Cross. The district court dismissed the case based on her failure to file a memo in opposition to Defendant’s motion to dismiss, treating that failure as consent to the granting of the motion, pursuant to Southern District of California Civil Local Rule 7.1(f)(3)(C). We vacate the dismissal and remand for further proceedings.

Pro se litigants are required to follow rules, including local rules. It is established under our precedents, however, that dismissal of an action cannot be based solely on a plaintiffs failure to file an opposition memo. When a district court considers dismissal of a case pursuant to a rule like Civil Local Rule 7.1(f)(3)(c), it is required to weigh: “(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; and (5) the availability of less drastic sanctions.” Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir.1995) (per curiam) (quoting Henderson v. Duncan, 779 F.2d 1421, 1423 (9th…