Vf Electric, Inc. v. Gte Corporation

MEMORANDUM

VF Electric, Inc. appeals from the district court’s Order and Opinion dismissing its third amended complaint and action with prejudice pursuant to Federal Rule of Civil Procedure 41(b). We review a district court’s “dismissal for failure to comply with a court order under [Federal Rule of Civil Procedure] 41(b) ... for abuse of discretion.” Johns v. Cnty. of San Diego, 114 F.3d 874 , 876 (9th Cir.1997). We will only reverse a district court’s decision as an abuse of discretion where we “determine de novo [that] the trial court identified the [in]correct legal rule to apply,” or “determine [that] the trial court’s application of the correct legal standard was (1) ‘illogical,’ (2) ‘implausible,’ or (3) without ‘support in inferences that may be drawn from the facts in the record.’” United States v. Hinkson, 585 F.3d 1247, 1261-62 (9th Cir.2009) (en banc).

We review the district court’s findings of fact, made in connection with a determination that a party failed to comply with an order, for clear error. See United States v. Nat’l Med. Enters., Inc., 792 F.2d 906, 911 (9th Cir.1986). “A district judge’s determination that an order was not complied with is entitled to…