Stell

MEMORANDUM **

Linda Stell and Dana Stell (“plaintiffs”) appeal pro se the district court’s order precluding their expert from testifying at trial and dismissing the remaining claims in their copyright infringement action against Montell Jordan and others in the music industry who allegedly copied their musical composition, “This is how we do it.” This Court has jurisdiction under 28 U.S.C. § 1291 . We review for abuse of discretion orders precluding evidence, United States v. Sumitomo Marine Fire & Ins. Co., 617 F.2d 1365, 1369 (9th Cir. 1980), and dismissing claims for failure to comply with discovery orders, Valley Eng’s Inc. v. Electric Eng’g Co., 158 F.3d 1051 , 1052 (9th Cir.1998). We affirm.

The district court did not abuse its discretion when it precluded plaintiffs’ expert from testifying at trial after plaintiffs violated the district court’s repeated orders to make the expert available for deposition and ignored warnings that failure to comply would result in preclusion, because Rule 16 allows a district court to set and modify the discovery schedule and Rule 37 allows a district court to prohibit a party who disobeys a discovery order from introducing designated…