Grismore

Grismore v. Capital One Bank

Good Law
348 F. App'x 274
United States Court of Appeals for the Ninth CircuitOctober 13, 2009No. 08-15635California278 words

Opinion

Lead Opinion

*275 MEMORANDUM **

Kathy Grismore appeals pro se from the district court’s judgment dismissing her action as a sanction under Federal Rule of Civil Procedure 37(b) for failure to comply with discovery orders. Grismore also appeals from the postjudgment order awarding attorneys’ fees and costs. We have jurisdiction under 28 U.S.C. § 1291 to review the judgment. We review for an abuse of discretion. Hallett v. Morgan, 296 F.3d 732, 751 (9th Cir.2002) (discovery rulings); Malone v. U.S. Postal Serv., 833 F.2d 128, 130 (9th Cir.1987) (dismissal). We affirm in part and dismiss in part.

The district court did not abuse its discretion by granting defendants’ motion to compel discovery responses because the information sought was relevant to damages. See Fed.R.Civ.P. 26(b)(1) (describing permissible discovery); Hallett, 296 F.3d at 751 (stating that broad discretion is vested in the trial court to permit discovery).

The district court did not abuse its discretion by dismissing the action because Grismore failed to respond to discovery after the district court ordered her several times to do so and warned her that noncompliance could result in dismissal. See Malone, 833 F.2d at 130 ,…

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