Kendrick

MEMORANDUM **

Plaintiffs Dena and Aerick Kendrick appeal the district court’s dismissal of their consolidated 42 U.S.C. § 1983 actions pursuant to Federal Rule of Civil Procedure 41(b) for their refusal to comply with the court’s order to submit proposed jury in *33 structions prior to trial. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. We review for abuse of discretion a district court’s decision to dismiss an action pursuant to Rule 41(b). Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992).

The Kendricks argue that the district court’s decision to sanction their refusal to submit proposed jury instructions by dismissing their cases was an abuse of discretion. They argue that the plain text of Federal Rule of Civil Procedure 51(a) gives parties the option of providing proposed jury instructions at the close of evidence but does not require them to do so. Therefore, the district court’s order directing the pretrial submission of jury instructions was contrary to the permissive nature of Rule 51(a). We disagree.

By providing that a party may submit jury instructions “at the close of the evidence or at an earlier reasonable time that the court directs,”…