Barbara Peek v. Golden Nugget Hotel & Casino

Good Law
56 F.3d 73·1995 WL 309197
United States Court of Appeals for the Ninth CircuitMay 19, 199593-17005California1,677 words

Opinion

Opinion

56 F.3d 73 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Barbara PEEK, Plaintiff-Appellant, v. GOLDEN NUGGET HOTEL & CASINO, et al., Defendants-Appellees. No. 93-17005. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 14, 1995. Decided May 19, 1995. Before: GIBSON * , GOODWIN, and HUG, Circuit Judges. 1 MEMORANDUM ** 2 Barbara Peek appeals the district court's decision pursuant to Fed. R. Civ. P. 37(b)(2)(c) dismissing for multiple discovery failures her personal injury action brought against the Golden Nugget Hotel. Peek now argues that because the district court failed to consider more appropriate and less severe alternative sanctions, it abused its discretion by dismissing her claim. As we explain herein, we disagree and affirm the decision of the district court. FACTS 3 The district court dismissed Peek's claim after repeated discovery abuses. In sum, the abuses upon which the district court based its decision were as follows: 4 1.…

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