At page 945 Considering less drastic sanctions before dismissing cases38 citing casesEspecially when a case is still young, 'a district court must consider ... less drastic alternative sanctions' before dismissing" a case as a penalty for failing to comply with a filing deadline
- Hernandez v. City of El Monte, 138 F.3d 393 (9th Cir. 1998).published (Especially when a case is still young, a district court must consider ... less drastic alternative sanctions before dismissing.)
- Margot Hernandez, & as Guardian Ad Litem for Minors Joana Hauri & Lizeth Simones Elizabeth Carmona Celia Gallardo Anaberta Pule Juan Damaso Edith Navarette, & as Guardian Ad Litem for Armando Gallardo Gelacio Herrera Armando Nmi Avila Salvador Ayala Alciviadez Ayala Silvia Garduno Angel Justo Palma v. City of El Monte Wayne Clayton, Chief of Police, City of El Monte, Ca. George Hopkins, Sgt. Marci Smith, Sgt. George Mendoza, Agent, Raul Duron Garza Margot Hernandez, & as Guardian Ad Litem for Minors Joana Hauri & Lizeth Simones Elizabeth Carmona Celia Gallardo Anaberta Pule Juan Damaso Edith Navarette, & as Guardian Ad Litem for Armando Gallardo Gelacio Herrera Armando Nmi Avila Salvador Ayala Alciviadez Ayala Silvia Garduno Angel Justo Palma v. City of El Monte Wayne Clayton, Chief of Police, City of El Monte, Ca. George Hopkins, Sgt. Marci Smith, Sgt. George Mendoza, Agent, 138 F.3d 393 (9th Cir. 1998).published (Especially when a case is still young, a district court must consider ... less drastic alternative sanctions before dismissing.)
- Victory v. Nevada State Treasurer, No. 2:24-cv-01937 (D. Nev. Apr. 2, 2025).Henderson v. Duncan, 779 F.2d 1421, 1423 (9th Cir. 1986) (citing Raiford v. Pounds, 25 640 F.2d 944, 945 (9th Cir. 1981)).
- Saville v. San Antonio Reg'l Hosp., No. 3:23-cv-02233 (S.D. Cal. Jan. 23, 2024).“Dismissal, [however,] is a harsh 12 penalty and is to be imposed only in extreme circumstances.” Henderson v. Duncan, 779 13 F.2d 1421 , 1423 (9th Cir. 1986) (citing Raiford v. Pounds, 640 F.2d 944, 945 (9th Cir. 14 1981) (per curiam)).
- Parker v. Wells Fargo Bank, No. 3:22-cv-00819 (S.D. Cal. July 14, 2023).“Dismissal, however, is a harsh 26 penalty and is to be imposed only in extreme circumstances.” Henderson v. Duncan, 779 27 F.2d 1421 , 1423 (9th Cir. 1986) (citing Raiford v. Pounds, 640 F.2d 944, 945 (9th Cir. 28 1981) (per curiam)).
- Schutza v. 8203 Winter Gardens LLC, No. 3:20-cv-00575 (S.D. Cal. Nov. 17, 2020).(per 3 curiam)
- Diane Schroeder v. Stephen Hundley, No. 3:17-cv-00919 (S.D. Cal. Nov. 5, 2020).Co., 370 U.S. 626 (1961)), cert. denied, 107 S. Ct. 112 (1986). 3 “Dismissal, however, is so harsh a penalty it should be imposed as a sanction only 4 in extreme circumstances.” Id. (citing Henderson v. Duncan, 779 F.2d 1421, 1423 (9th 5 C…
- Miller v. Int'l Bus. Machines Corp., 138 F. App'x 12 (9th Cir. 2005).unpublished“extreme eircumstances”
- Vill. of Mishongnovi Cultural Pres. Bd. v. Mishongnovi Bd. of Directors, 5 Am. Tribal Law 253 (2004).publishedRaiford v. Pounds, 640 F.2d 944, 945 (9th Cir.1981).
- Laurino v. Syringa Gen. Hosp., 279 F.3d 750 (9th Cir. 2002).published “Especially when a case is still young, ‘a district court must consider ... less drastic alternative sanctions’ before dismissing”
Show 24 more citing cases
- Sawinski v. Bill Currie Ford, Inc., 866 F. Supp. 1383 (M.D. Fla. 1994).publishedSTANDARD OF REVIEW “Dismissal is a harsh penalty that should only be imposed in extreme circumstances____” Lebbos v. Heinrichs, 696 F.Supp. 1279, 1285 (N.D.Cal.1988) (citing Raiford v. Pounds, 640 F.2d 944, 945 (9th Cir.1981)). “... [Dismi…
- Helmer g. Brandano, 875 F.2d 318 (9th Cir. 1989).unpublishedHelmer, on one hand, argues that the district court should not have dismissed the claims with prejudice because: (1) Helmer was acting in propria persona at the time and could not prosecute the claims; (2) Helmer voluntarily moved for dism…
- Abandonato v. Stuart (In re Stuart), 88 B.R. 247 (B.A.P. 9th Cir. 1988).publishedRaiford v. Pounds, 640 F.2d 944, 945 (9th Cir.1981); cf. Henderson, 779 F.2d at 1424 (holding that dismissal was within the court’s discretion after the plaintiff received at least three initial warnings of dismissal as well as a status co…
- Ramos González v. Félix Medina, 121 P.R. Dec. 312 (1988).publishedLouis Music Supply Co., Inc., 539 F.2d 1191, 1193 (8vo Cir. 1976); Raiford v. Pounds, 640 F.2d 944, 945 (9no Cir. 1981); Meeker v. Rizley, 324 F.2d 269, 271 (10mo Cir. 1963); State Exchange Bank v. Hartline, 693 F.2d 1350, 1352 (11mo Cir.…
- Lebbos v. Heinrichs, 696 F. Supp. 1279 (N.D. Cal. 1988).publishedDismissal is a harsh penalty that should only be imposed in extreme circumstances, Raiford v. Pounds, 640 F.2d 944, 945 (9th Cir.1981), but this case presents exactly the type of extreme circumstances that warrant a dismissal with prejudic…
- Leon Palmer v. City of Decatur, 814 F.2d 426 (7th Cir. 1987).publishedWright & A. Miller, Federal Practice and Procedure § 2369, at 193-198 (1971). 5 We fully agree with Raiford v. Pounds, 640 F.2d 944, 945 (9th Cir.1981) 9per curiam), that dismissal with prejudice is such a harsh penalty that it should be i…
- Andrew B. Schilling v. Walworth Cnty. Park & Plan. Comm'n, 805 F.2d 272 (7th Cir. 1986).published“Especially when a case is still young, ‘a district court must consider ... less drastic alternative sanctions’ before dismissing”
- People of the Territory of Guam v. John N. Reyes, 800 F.2d 940 (9th Cir. 1986).published“[b]ecause dismissal *944 is so harsh a penalty, it should be imposed only in extreme circumstances”
- United States v. Nat'l Med. Enter., Inc., 792 F.2d 906 (9th Cir. 1986).publishedSee Myers v. Shekter (In re Hill), 775 F.2d 1385, 1387 (9th Cir.1985) (per curiam) *913 (Hill); La Cage, 771 F.2d at 1270 ; Raiford v. Pounds, 640 F.2d 944, 945 (9th Cir.1981) (Raiford).
- Henderson v. Duncan, 779 F.2d 1421 (9th Cir. 1986).published E.g., Raiford v. Pounds, 640 F.2d 944, 945 (9th Cir.1981).
- Miranda v. S. Pac. Transp. Co., 710 F.2d 516 (9th Cir. 1983).published Raiford v. Pounds, 640 F.2d 944, 945 (9th Cir.1981).
- Wyle v. R.J. Reynolds Indus., Inc., 709 F.2d 585 (9th Cir. 1983).published Dismissal is a permissible sanction only when the deception relates to the matters in controversy, and because dismissal is so harsh a penalty, it should be imposed only in extreme circumstances. 1 Raiford v. Pounds, 640 F.2d 944, 945 (9th…
- Franklin v. State of Or., 563 F. Supp. 1310 (D. Or. 1983).published (eleven-month old case improperly dismissed)
- Witt v. United States, 681 F.2d 1144 (9th Cir. 1982).publishedIn Raiford v. Pounds, 640 F.2d 944, 945 (9th Cir. 1981) (per curiam), we held that dismissal should be imposed only in extreme circumstances, and only after consideration of less drastic alternatives.
- Moss J. Witt, an Am. Citizen of Choctaw Indian Descent v. The United States of Am. the Sec'y of Interior the U. S. Comm'r of Indian Affairs the Attorney Gen. of the United States, Jackie Laverne Jarman, a Cherokee Indian Citizen v. The United States of Am., 681 F.2d 1144 (9th Cir. 1982).publishedIn Raiford v. Pounds, 640 F.2d 944, 945 (9th Cir. 1981) (per curiam), we held that dismissal should be imposed only in extreme circumstances, and only after consideration of less drastic alternatives. 19 The Government filed its motion to…
- Cantran Grp., Inc. v. Cups, LLC, No. 18-56545 (9th Cir. Feb. 7, 2020).unpublishedSee Raiford v. Pounds, 640 F.2d 944, 945 (9th Cir. 1981) (per curiam); Tolbert v. Leighton, 623 F.2d 585, 587 (9th Cir. 1980).
- Domingo Pena v. Stuart Sherman, No. 16-56547 (9th Cir. Nov. 29, 2018).unpublished(no unreasonable delay when case was “not quite a year old” and defendants did not suffer actual prejudice)
- Michael Gibbs v. Anthony Hedgpeth, 389 F. App'x 671 (9th Cir. 2010).unpublishedSee Raiford v. Pounds, 640 F.2d 944, 945 (9th Cir.1981).
- Metro Mobile Cts, Inc. v. Newvector Commc'ns, Inc., 967 F.2d 588 (9th Cir. 1992).unpublishedSee Raiford v. Pounds, 640 F.2d 944, 945 (9th Cir.1981).
- Salvador Moreno v. Richard Petersen, 951 F.2d 361 (9th Cir. 1991).unpublished(Especially when a case is still young, 'a district court must consider ... less drastic alternative sanctions' before dismissing" a case as a penalty for failing to comply with a filing deadline)
- United Artists Corp. & L.P.A.A. v. La Cage Aux Folles, Inc., 771 F.2d 1265 (9th Cir. 1985).published See Raiford v. Pounds, 640 F.2d 944, 945 (9th Cir.1981) (per curiam); Industrial Bldg.
- Farson v. City of Lake Stevens, No. 2:22-cv-00405 (W.D. Wash. Apr. 12, 2023).Enters., Inc., 792 F.2d 906 , 9 912 (9th Cir. 1986); see also Raiford v. Pounds, 640 F.2d 944, 945 (9th Cir. 1981) (per curiam) (a 10 district court must consider less drastic alternatives “[e]specially when a case is still young”). 11 Les…
- Discovery Park Cmty. All. v. City of Seattle, No. 2:19-cv-01105 (W.D. Wash. Dec. 1, 2022).Enters., Inc., 792 F.2d 906 , 5 912 (9th Cir. 1986); see also Raiford v. Pounds, 640 F.2d 944, 945 (9th Cir. 1981) (per curiam) (a 6 district court must consider less drastic alternatives “[e]specially when a case is still young”). 7 Lesse…
- Drueding v. Travelers Home & Marine Ins. Co., No. 2:22-cv-00155 (W.D. Wash. Nov. 21, 2022).Enters., Inc., 792 F.2d 906 , 12 912 (9th Cir. 1986); see also Raiford v. Pounds, 640 F.2d 944, 945 (9th Cir. 1981) (per curiam) (a 13 district court must consider less drastic alternatives “[e]specially when a case is still young”). 14 Le…
At page 946 District court discretion regarding admission to practice2 citing cases“broad discretion concerning admission to practice before it”
- Linda Marie Zambrano v. City of Tustin David Kreyling, 885 F.2d 1473 (9th Cir. 1989).publishedRaiford v. Pounds, 640 F.2d 944, 946 (9th Cir.1981).
- Galahad v. Weinshienk, 555 F. Supp. 1201 (D. Colo. 1983).published“broad discretion concerning admission to practice before it”
At page 944 “especially when a case is still young, 'a district court must consider ... less drastic alternative sanctions' before dismissing.”0 citing cases
Other citing cases
- Stage Nine Design, LLC v. Rock-It Cargo, LLC, No. 2:21-cv-00722 (E.D. Cal. Mar. 1, 2022).
- Pereira v. Ocean-Clear, Inc. (In re East River Restaurant Assocs., Inc.), 137 B.R. 118 (S.D.N.Y. 1992).published
- William Hallam Webber v. Eye Corp., 721 F.2d 1067 (7th Cir. 1983).published
v.
Stanley POUNDS, in his capacity as a Police Officer of the City of Portland, Oregon, and V. J. Convey, in her capacity as a Police Officer of the City of Portland, Oregon
Plaintiff filed a civil rights action against two members of the Portland Police Department on March 27, 1978. On June 6, the magistrate overseeing trial preparation entered an order directing plaintiff to file a pretrial order by November 1.
On August 19, 1978, Curtis Oler, plaintiff’s out-of-state counsel, filed a motion and supporting affidavit pursuant to local rules governing participation by out-of-state attorneys. Following a hearing, the district court issued an order permitting Oler’s participation in the case. That order placed primary responsibility for the conduct of the case on Keith Raines, plaintiff’s local counsel.
On November 17, 1978, the magistrate wrote to Raines indicating that the pretrial order was past due. He requested a written status report. Receiving no response, the magistrate issued a notice on December 13 stating that he would recommend dismissal pursuant to Fed.R.Civ.P. 41(b) unless a written explanation of the failure to file the pretrial order was received by December 29. Subsequent to a phone call from Raines, the time for filing the pretrial order was extended to February 1, 1979. On February 9, 1979, the magistrate recommended dismissal of plaintiff’s action. The pretrial order was filed on February 23. On March 9, 1979, the case was dismissed sua sponte for failure to prosecute.
Plaintiff appeals the dismissal of her civil rights action, arguing that dismissal was too harsh a sanction. Plaintiff also appeals the district court’s order denying out-of-state counsel the opportunity to act as lead counsel in the trial of her action. She claims this order denied her adequate legal representation.
I. DISMISSAL
Although we sympathize with the district court’s frustration at the dilatory manner in which the instant case was prosecuted, and understand the need to impose sanctions to promote the efficient functioning of the courts, we nevertheless reverse the order dismissing the action so that lesser penalties may be imposed.[1]
Because dismissal is so harsh a penalty, it should be imposed only in extreme circumstances. Industrial Bldg. Materials, Inc. v. Interchemical Corp., 437 F.2d 1336 (9th Cir. 1970). Dismissals have been reversed when the district court failed to consider less severe penalties. See, e. g., Tolbert v. Leighton, 623 F.2d 585, 587 (9th Cir. 1980); Industrial Bldg. Materials at 1339. Especially when a case is still young, “a district court must consider ... less drastic alternative sanctions” before dismissing. Tolbert at 587.
Plaintiff’s case was not quite a year old at the time the dismissal order was entered. Plaintiff complied with the magistrate’s request for a pretrial order twenty-two days after the order was due and fourteen days before the case was dismissed. The only prejudice claimed by defendants is the aggravation of their anxiety and the continued “fading” of their witnesses’ memories. Under these circumstances, the district court abused its discretion in dismissing plaintiff’s case. Id. at 586.
II. PARTICIPATION OF OUT-OF-STATE COUNSEL
In light of Oler’s failure to comply with local rules in fifteen other cases, the district court required that Raines act as lead attorney. Oler was permitted to draft documents, sit at the counsel table, assist in[*946] examination of witnesses and argue before the court. The only alteration in normal attorney-client relations was the requirement that Raines be present at every appearance.
Admission to a state bar does not carry with it the right to appear before a district court. In re Rappaport, 558 F.2d 87, 89 (2d Cir. 1977). A district court has broad discretion concerning admission to practice before it. Lefton v. City of Hattiesburg, 333 F.2d 280, 285 (5th Cir. 1964). This discretion is limited in that it may not be exercised to abridge the rights of litigants. Id.
No case has been cited in which a limitation such as the one imposed here was heíd to deny a party her right to legal representation. Nothing in the district court’s order prevented Oler from effectively representing his client. If the association with Raines was unsatisfactory, Oler was free to recommend that other counsel be substituted, or to take over prosecution of the case to the extent permissible under the district court’s order. Under that order, it was permissible for Oler to draft and submit the pretrial order which was the source of the delay in prosecuting his client’s case. We find no error in this aspect of the court’s ruling.
III. CONCLUSION
The order dismissing plaintiff’s action is REVERSED. The order limiting Oler’s participation is AFFIRMED. The parties shall bear their own costs in this appeal.
The court, for example, may wish to consider the issuance of an order to show cause why disciplinary proceedings should not be taken against the attorneys involved.