Allen

This is one of numerous appeals from orders of the district court in the litigation arising from the EXXON VALDEZ oil spill. The appellants are 339 plaintiffs in individual actions filed in the Alaska state court and removed by appellees Exxon Corporation and Exxon Shipping Company to the district court in February 1992. Some (but not all) of these appellants moved for remand and, on the district court’s denial of their motions, appealed. This court, in Eyak Native Village v. Exxon Corp., 25 F.3d 773, 782 (9th Cir.), cert. denied, — U.S. -, 115 S.Ct. 351 , 130 L.Ed.2d 307 (1994), - U.S. -, 115 S.Ct. 778 , 130 L.Ed.2d 673 , — U.S. -, 115 S.Ct. 779 , 130 L.Ed.2d 673 (1995), *431 reversed the district court’s order and remanded the actions.

While the appeal in Eyak was pending, district court proceedings continued in appellants’ cases. Appellees attempted to obtain discovery from appellants. Appellants failed to comply with repeated discovery requests and moved to dismiss their actions without prejudice under Fed.R.Civ.P. 41(a)(2), for the purpose of pursuing their claims as class members in pending class actions. In November 1992, the court denied appellants’ motions, adopted the…