Jackson v. Microsoft Corp.

MEMORANDUM **

We AFFIRM the District Court’s decision granting a motion to dismiss, with prejudice, a race discrimination claim brought by Appellant Rahn D. Jackson (“Jackson”) against Microsoft Corporation (“Microsoft”). We have jurisdiction under 28 U.S.C. § 1291 . Because the parties are familiar with the facts and procedural history, they are not recited here except as necessary to explain our analysis.

A court’s imposition of sanctions pursuant to its inherent powers is reviewed for abuse of discretion. See Chambers v. NASCO, Inc., 501 U.S. 32, 55 , 111 S.Ct. 2123 , 115 L.Ed.2d 27 (1991). In particular, “[ijmposition of dismissal as a sanction is reviewed for abuse of discretion. Factual findings upon which the district court relied are reviewed for clear error.” United States ex rel. Lujan v. Hughes Aircraft Co., 67 F.3d 242, 247 (9th Cir.1995) (internal citation omitted).

In granting the motion to dismiss, the District Court considered, among other factors, willfulness and bad faith, the efficacy of lesser sanctions, and prejudice. See Anheuser-Busch, Inc. v. Natural Beverage Distribs., 69 F.3d 337, 348 (9th Cir.1995) (listing factors in the test for imposing sanctions…