Equals International, Ltd. v. Scenic Airlines

MEMORANDUM ***

Equals International, Ltd. and Jim Butler appeal the district court’s dismissal of Equals’s complaint, the award of attorney’s fees and costs, and the exclusion of two witnesses during the trial of the counter- and third-party claims. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

I.

The district court dismissed the complaint on two independent grounds. Because we affirm based upon Fed.R.Civ.P. 37(b)(2)(C), we need not reach the propriety of dismissal based upon Fed.R.CN.P. 17.

The imposition of discovery sanctions is reviewed for an abuse of discretion. Payne v. Exxon Corp., 121 F.3d 503, 507 (9th Cir.1997). Findings of fact underlying the motion for discovery sanctions are reviewed for clear error. Id. The district court’s choice of sanctions is reviewed for an abuse of discretion. Rio Properties, *534 Inc. v. Rio Int’l Interlink, 284 F.3d 1007, 1022 (9th Cir.2002).

“Rule 37 sanctions were intended to punish evasion of pretrial discovery.” Wanderer v. Johnston, 910 F.2d 652, 655 (9th Cir.1990) (citation and internal editorial marks omitted). A district court is to apply the following factors in considering dismissal as a sanction:

Id. at 656…