Richard W. Roskoski and Mona Roskoski v. Martin J. Brooks, Jeanette Brooks, Phoenix International Corporation, and Does I-X

967 F.2d 590 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Richard W. ROSKOSKI and Mona Roskoski, Plaintiffs-Appellants, v. Martin J. BROOKS, Jeanette Brooks, Phoenix International Corporation, and Does I-X, Defendants-Appellees. No. 91-15362. United States Court of Appeals, Ninth Circuit. Submitted April 16, 1992. * Decided June 4, 1992. Before SCHROEDER, LEAVY and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Richard and Mona Roskoski appeal from the district court's refusal to set aside an order dismissing with prejudice their civil RICO action, stemming from the Roskoskis' failure to comply with the provisions of a local rule. 1 We affirm. 3 The gist of the appellants' challenge to the district court's dismissal of their action is that the lower court abused its discretion by failing to consider lesser penalties before imposing the ultimate sanction of dismissal. Implicit in their argument is the notion that the dismissal--ostensibly for the Roskoskis' noncompliance with…