Mohtadi

Mohtadi v. Terayon Communications Systems, Inc.

Good Law
100 F. App'x 691
United States Court of Appeals for the Ninth CircuitJune 9, 2004No. 02-16824California1,718 words

Opinion

Lead Opinion

*693 MEMORANDUM **

Appellants Rick Bertram, Farzin Mohtadi and George Yorg on behalf of themselves and others (“Stockholders”) appeal the District Court’s dismissal for failure to prosecute their action against Terayon Communications Systems, Inc. and company officials (collectively, “Terayon”) alleging violations of California’s Unfair Competition Law (“UCL”), Bus. & Prof.Code §§ 17200, et seq. The Stockholders also contend that the District Court erred in failing to grant the Stockholders leave to file an amended complaint. 1 We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

I. Standard of Review.

A district court’s dismissal for failure to prosecute is reviewed for abuse of discretion. In re Eisen, 31 F.3d 1447, 1451 (9th Cir.1994); Morris v. Morgan Stanley & Co., 942 F.2d 648, 650 (9th Cir.1991).

The relevant factors in considering a dismissal for failure to prosecute are: (1) the public’s interest in expeditious resolution of the litigation; (2) the court’s need to manage its docket; (3) the risk of prejudice to the defendants; (4) the public policy of favoring the disposition of cases on their merits; and (5) the availability of less drastic sanctions.…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.