Romero

MEMORANDUM **

David and Roberta Romero (the Romeros) appeal the district court’s order of dismissal. The Romeros, who were proceeding pro se, did not respond to Defendant Western Security Bank’s (Western) motion to dismiss for lack of jurisdiction for over nine months. In accordance with a local court rule that permits the district court to construe a party’s failure to respond to a motion as consent to the granting of the motion, the district court dismissed the claims against Western without prejudice. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we reverse.

Failure to comply with a district court’s local rules is a proper ground for dismissal. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir.1995). However, before dismissing a case for failure to comply with a local rule, the district court must weigh five factors: (1) the public’s interest in expeditious resolution of litigation, (2) the court’s need to manage its docket, (3) the risk of prejudice to the defendants, (4) the public policy favoring disposition of cases on their merits, and (5) the availability of less drastic sanctions. Id. (citing dismissal factors that Henderson v. Duncan, 779 F.2d 1421, 1423 (9th…