Ajifu

*490 MEMORANDUM **

Geraldine L.C. Ajifu brought suit against the International Association of Machinists and Aerospace Workers, District Lodge 141 (“Union”) for breach of duty of fair representation, and against Aloha Airlines, Inc. (“Aloha”) for breach of a collective bargaining agreement. The district court dismissed the action under Federal Rule of Civil Procedure 12(b)(6), and provided Ajifu with 30 days to amend her complaint. Ajifu did not file an amended complaint but instead brought this appeal after the district court issued an order dismissing the action.

The Union and Aloha argue that the district court’s judgment was a dismissal pursuant to Rule 41(b), which we would review under the abuse of discretion standard. We disagree. Neither party moved for dismissal under Rule 41(b), and the district court did not reference Rule 41(b) in its order. Nor did the district court consider the five factors that are applicable to dismissal under Rule 41(b), see Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir.1992), or otherwise indicate that the dismissal was a sanction for failing to follow a court order. The judgment does, however, explicitly reference the court’s earlier…