Chuks Odigwe v. National Mentor Healthcare, Ll

MEMORANDUM

In these consolidated appeals, Chuks Odigwe appeals pro se from the district court’s judgment dismissing his employment discrimination action as a discovery sanction under Federal Rule of Civil Procedure 37(b). We have jurisdiction under 28 U.S.C. § 1291 . We review for an abuse of discretion. Rio Props., Inc. v. Rio Int’l Interlink, 284 F.3d 1007, 1022 (9th Cir.2002). We affirm as to Nos. 1317067 and 14-15881, and vacate and remand as to the amount of attorney’s fees awarded in No. 14-15908.

The district court did not abuse its discretion by dismissing Odigwe’s action under Fed.R.Civ.P. 37(b)(2) in light of Odigwe’s repeated failures to comply with the district court’s discovery orders and after finding that the behavior was willful. See Fed.R.Civ.P. 37(b)(2); In re Phenylpropanolamine (PPA) Prods. Liab. Litig., 460 F.3d 1217, 1233 (9th Cir.2006) (“Rule 37 sanctions, including dismissal, may be imposed where the violation is due to willfulness, bad faith, or fault of the party.” (citation and internal quotation marks omitted)); Rio Props., 284 F.3d at 1022 (discussing five factors courts must weigh in determining whether to dismiss a case for failure to comply with a…