Anderson
Anderson v. Jackson
Opinion
Lead Opinion
MEMORANDUM *
Plaintiffs Aaron Anderson and Tinker & Anderson Publishing (“Plaintiffs”) appeal the district court’s dismissal of their claim for failure to prosecute and denial of their Federal Rule of Civil Procedure 60(b)(6) motion to vacate that judgment. As the parties are well aware of the facts of this case, we do not recite them here. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.
A. Dismissal of Plaintiffs’ Claim.
We “review the record independently to determine if the district court has abused its discretion” in dismissing a case for failure to prosecute. Malone v. U.S. Postal Serv., 833 F.2d 128, 130 (9th Cir.1987). “A district court must weigh five factors in determining whether to dismiss a case for failure to [prosecute].” Id. The first two factors relate to the efficient and expeditious resolution of htigation and weigh in favor of dismissal. As to the third factor, we have “no doubt” that Plaintiffs’ repeated failures to comply with the pretrial orders prejudiced Defendants. See id. at 131 . As to the fifth factor, the district court gave Plaintiffs’ counsel numerous warnings and then imposed a lesser sanction — striking of a witness — before…