Richard E. Moulton v. Kenneth C. Cory

972 F.2d 1341 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 E. MOULTON, Plaintiff-Appellant, v. Kenneth C. CORY, Defendant-Appellee. No. 91-16485. United States Court of Appeals, Ninth Circuit. Submitted July 29, 1992. * Decided Aug. 10, 1992. Before TANG, BEEZER and KOZINSKI, Circuit Judges. 1 MEMORANDUM ** 2 Richard E. Moulton appeals pro se the district court's dismissal of his diversity action against his former attorney for failure to attend a scheduled deposition. We review for an abuse of discretion, Fjelstad v. American Honda Motor Corp., 762 F.2d 1334 , 1337 (9th Cir.1985), and we affirm. 3 If a party fails to appear at a noticed deposition, a district court may impose sanctions, including dismissal. See Fed.R.Civ.P. 37(d). A district court has the discretion to impose the extreme sanction of dismissal if there has been "flagrant, bad faith disregard of discovery duties." Wanderer v. Johnston, 910 F.2d 652, 655-56 (9th Cir.1990) (citing National Hockey…