Clear Channel Entertainment/Televisa Music Corp. v. Mexico Musical, Inc.

Clear Channel Entertainment/Televisa Music Corporation (Clear Channel) appeals the district court’s dismissal with prejudice of Clear Channel’s action against Mexico Musical for failure to comply with a court order. We have jurisdiction under 28 U.S.C. § 1291 , and we reverse.

The district court dismissed the action for failure to timely file the required proposed pretrial conference order in compliance with its order setting the final pretrial conference. Before dismissing an action for failure to comply with an order, the district court should 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 the merits; and (5) the availability of less drastic sanctions. See Henderson v. Duncan, 779 F.2d 1421, 1423 (9th Cir.1986) (applying factors to a dismissal under Fed.R.Civ.P. 41(b) for lack of prosecution).

Here, the district court’s dismissal order does not reflect that it considered the Henderson factors when it determined that dismissal was warranted. In such circumstances, we review the record independently…