Molski

MEMORANDUM **

This appeal arises from the oral, sua sponte order of Judge Manuel L. Real dismissing Appellants’ action for lack of prosecution resulting from their failure to lodge a pre-trial conference order. After a hearing before the district court, the motion to withdraw the order was denied without any real explanation.

Appellant Jarek Molski is a physically disabled litigant who has filed hundreds of lawsuits under the Americans With Disabilities Act (the “ADA”), 42 U.S.C. § 12101 et seq., and similar California state statutes. We recently upheld a district court order in a separate federal suit declaring Appellant Molski to be a “vexatious *828 litigant” and ordering him to obtain leave of court before filing any additional claims under Title III of the ADA in the United States District Court for the Central District of California (the “Vexatious Litigant Order”). 1 See Molski v. Evergreen Dynasty Corp., 500 F.3d 1047 (9th Cir.2007). In light of the Vexatious Litigant Order and the fact that Appellant Molski has filed over 400 suits pursuant to the ADA and related statutes in federal court without a single one having been litigated on the merits, it is possible that…