In Re Kenneth Jones, Debtor, Kenneth Jones v. Rita Ann "Gobert" Jones

972 F.2d 1340 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. In re Kenneth JONES, Debtor, Kenneth JONES, Plaintiff-Appellant, v. Rita Ann "Gobert" JONES, Defendant-Appellee. No. 91-36168. United States Court of Appeals, Ninth Circuit. Submitted July 27, 1992. * Decided Aug. 4, 1992. Before WRIGHT, FARRIS and BEEZER, Circuit Judges. 1 MEMORANDUM * 2 Kenneth Jones appeals the Bankruptcy Appellate Panel's (BAP) opinion dismissing his complaint for failure to attend a properly noticed deposition. We review the imposition of sanctions ordered under Federal Rule of Civil Procedure 37 for an abuse of discretion and will not reverse absent a definite and firm conviction that the lower court made a clear error of judgment. Halaco Engineering Co. v. Costle, 843 F.2d 376, 379 (9th Cir.1988). 3 A court must weigh five factors in determining whether to dismiss for failure to comply with a court order: "(1) the public's interest in expeditious resolution of litigation; (2) the court's…