Robert A. Buss v. W. Airlines, Inc., a Corp., 738 F.2d 1053 (9th Cir. 1984). · Go Syfert
Search
Robert A. Buss v. W. Airlines, Inc., a Corp., 738 F.2d 1053 (9th Cir. 1984). Cases Citing This Book View Copy Cite
22 citation events (18 in the last 25 years) across 8 distinct courts.
Strongest positive: (PC) Bennett v. Garcia (caed, 2025-02-26)
Treatment trajectory · 1984 → 2026 · click a year to view as-of
1984 2005 2026
Top citers, strongest first. 17 distinct citers. How cited ↗
cited Cited as authority (rule) (PC) Bennett v. Garcia
E.D. Cal. · 2025 · confidence medium
Malone, 833 F.2d at 132 13 (citing Buss v. Western Airlines, Inc., 738 F.2d 1053, 1054 (9th Cir. 1984)).
discussed Cited as authority (rule) (PC)Trehearne v. Amador County
E.D. Cal. · 2023 · confidence medium
Malone, 833 F.2d at 132 (citing Buss v. 10 Western Airlines, Inc., 738 F.2d 1053, 1054 (9th Cir. 1984)). 11 Plaintiff was previously advised of his duty to oppose defendant’s motion to dismiss. 12 (ECF Nos. 14 at 2; ECF No. 16 at 2.) In light of the warnings plaintiff received, the court finds 13 this factor weighs in favor of dismissal. 14 E.
discussed Cited as authority (rule) (PC) Roberts v. Lynch
E.D. Cal. · 2023 · confidence medium
Malone, 833 F.2d at 132 (citing Buss v. 15 Western Airlines, Inc., 738 F.2d 1053, 1054 (9th Cir. 1984)). 16 Plaintiff was previously advised that failure to respond to the court’s order would result in 17 a recommendation that this action be dismissed.
discussed Cited as authority (rule) (PC) Blair v. Viss
E.D. Cal. · 2023 · confidence medium
Malone, 833 F.2d at 132 (citing Buss v. 13 Western Airlines, Inc., 738 F.2d 1053, 1054 (9th Cir. 1984)). 14 Plaintiff has been advised that failure to file a response to a motion for summary judgment 15 would result in a recommendation that this action be dismissed.
discussed Cited as authority (rule) (PC) Leonard v. Dunlop
E.D. Cal. · 2023 · confidence medium
Malone, 833 F.2d at 132 (citing Buss v. 10 Western Airlines, Inc., 738 F.2d 1053, 1054 (9th Cir. 1984)). 11 Plaintiff was previously advised that failure to respond to the court’s order would result in 12 a recommendation that this action be dismissed.
discussed Cited as authority (rule) (HC) Semones v. Thompson
E.D. Cal. · 2023 · confidence medium
Malone, 833 F.2d at 132 (citing Buss v. 15 Western Airlines, Inc., 738 F.2d 1053, 1054 (9th Cir. 1984)). 16 Petitioner was previously advised that failure to respond to the court’s order would result 17 in a recommendation that this action be dismissed.
cited Cited as authority (rule) (HC) Vasquez v. Robertson
E.D. Cal. · 2023 · confidence medium
Malone, 833 F.2d at 132 (citing Buss v. 17 Western Airlines, Inc., 738 F.2d 1053, 1054 (9th Cir. 1984)).
discussed Cited as authority (rule) (PC) Shropshire v. D'Agostini
E.D. Cal. · 2022 · confidence medium
Malone, 833 F.2d at 132 (citing Buss v. 22 Western Airlines, Inc., 738 F.2d 1053, 1054 (9th Cir. 1984)). 23 Plaintiff was previously advised that failure to respond to the court’s order would result in 24 a recommendation that this action be dismissed.
discussed Cited as authority (rule) (PC) Woolery v. Shasta County Jail
E.D. Cal. · 2022 · confidence medium
Malone, 833 F.2d at 132 (citing Buss v. 7 Western Airlines, Inc., 738 F.2d 1053, 1054 (9th Cir. 1984)). 8 Plaintiff was previously advised that failure to respond to the court’s order would result in 9 a recommendation that this action be dismissed.
discussed Cited as authority (rule) (PC) Catchings v. Fletcher
E.D. Cal. · 2022 · confidence medium
Malone, 833 F.2d at 132 (citing Buss v. 20 Western Airlines, Inc., 738 F.2d 1053, 1054 (9th Cir. 1984)). 21 By order May 8, 2022, plaintiff was warned that failure to file an opposition or statement 22 of non-opposition within thirty days would result in a recommendation that this action be 23 dismissed.
discussed Cited as authority (rule) (PC)Watkins v. Klein
E.D. Cal. · 2022 · confidence medium
Malone, 833 F.2d at 132 (citing Buss v. 15 Western Airlines, Inc., 738 F.2d 1053, 1054 (9th Cir. 1984)). 16 Plaintiff was previously advised of his duty to oppose a motion for summary judgment. 17 (ECF No. 33 at 6-7, 9.) The court’s March 21, 2022, order directing plaintiff to file an opposition 18 advised that failure to oppose defendants’ summary judgment motion would result in a 19 recommendation that this action be dismissed.
cited Cited as authority (rule) (PC) Banuelos v. Weiss
E.D. Cal. · 2022 · confidence medium
Malone, 833 F.2d at 132 (citing Buss v. 21 Western Airlines, Inc., 738 F.2d 1053, 1054 (9th Cir. 1984)). 22 Plaintiff was advised of his duty to oppose the motion for summary judgment.
cited Cited "see" In re: Jacqueline Rodriguez
9th Cir. BAP · 2013 · signal: see · confidence high
See Buss v. Western 24 Airlines, Inc., 738 F.2d 1053, 1054 (9th Cir. 1984), cert. denied, 25 469 U.S. 1192 (1985).
discussed Cited "see" Ann J. Malone v. United States Postal Service, an Agency of the United States (2×)
9th Cir. · 1987 · signal: see · confidence high
See Buss v. Western Airlines, Inc., 738 F.2d 1053, 1054 (9th Cir.1984), cert. denied, 469 U.S. 1192 , 105 S.Ct. 968 , 83 L.Ed.2d 972 (1985); Titus v. Mercedes Benz of North America, 695 F.2d 746 , 749 n. 6 (3d Cir.1982) (listing "warning" as alternative sanction).
discussed Cited "see" White Mountain Apache Tribe of Arizona v. United States
Ct. Cl. · 1984 · signal: see · confidence high
See Buss v. Western Airlines, Inc., 738 F.2d 1053 (9th Cir.1984) (dismissal upheld where plaintiff’s counsel, over three-year period, repeatedly refused to file pretrial order even after warnings that further delay and refusal to cooperate would result in dismissal); Titus v. Mercedes Benz of North America, 96 F.R.D. 404 (D.N.J.1982) (dismissal with prejudice justified for “lack of prosecution, willful violation of court rules and orders, contumacious conduct and intentional delay” where plaintiff’s counsel had been given four opportunities to prepare for and attend pretrial conference…
discussed Cited "see, e.g." Mancia v. Mayflower Textile Servs. Co.
D. Maryland · 2008 · signal: see also · confidence medium
See also, e.g., Buss v. Western Airlines, Inc., 738 F.2d 1053, 1053-54 (9th Cir.1984) ("The voluminous file in this case reveals that a vast amount of lawyer time on both sides was expended in largely unnecessary paper shuffling as the parties battled over discovery and preliminary matters ....
cited Cited "see, e.g." Roberts v. Heim
N.D. Cal. · 1995 · signal: see, e.g. · confidence low
See, e.g., Buss v. Western Airlines, Inc., 738 F.2d 1053 (9th Cir.1984), cert. denied, 469 U.S. 1192 , 105 S.Ct. 968 , 83 L.Ed.2d 972 (1985).
Retrieving the full opinion text from the archive…
Robert A. BUSS, Plaintiff-Appellant,
v.
WESTERN AIRLINES, INC., a Corporation, Defendant-Appellee
80-5818.
Court of Appeals for the Ninth Circuit.
Jul 26, 1984.
738 F.2d 1053
Joan Celia Lavine, Los Angeles, Cal., for plaintiff-appellant., Darling, Hall, Rae, & Gute, Los Angeles, Cal., for defendant-appellee.
Goodwin, Farris, Orrick.
Cited by 22 opinions  |  Published
PER CURIAM.

Robert A. Buss ended nearly 35 years of employment with Western Airlines on October 17, 1975 under circumstances which led him, in January, 1977, to file an action for damages for violating 29 U.S.C. § 621 et seq. (The Age Discrimination in Employment Act). In September, 1980, the district court dismissed the complaint because of plaintiff’s failure to comply with court orders and failure to comply with local rules in a number of respects that delayed the preparation of the case for trial. Buss appeals, contending that the dismissal of the complaint without prejudice was an abuse of discretion in view of the running of the statute of limitations against his cause of action.

The voluminous file in this case reveals that a vast amount of lawyer time on both sides was expended in largely unnecessary paper shuffling as the parties battled over discovery and preliminary matters. Plain[*1054] tiffs counsel assigned most of the difficulty to her heavy caseload of other litigation and to the novelty of the issues in this case. The trial court record reveals, however, that a good deal of the difficulty was caused by intransigence and total unconcern for the local rules of court.

It is not the purpose of this decision to assess fault. The trial judge, however, was not at fault. A judge with a caseload to manage must depend upon counsel meeting each other and the court halfway in moving a case toward trial. Time and again, over a period of more than three years, plaintiffs counsel refused to tender to the defense a realistic draft of language to be included in the pretrial order. Counsel was warned by the court upon several occasions that further delay and refusal to cooperate would result in the case being dismissed. The case is very similar to Von Poppenheim v. Portland Boxing & Wrestling Commission, 442 F.2d 1047 (9th Cir.1971), ce rt. denied, 404 U.S. 1039, 92 S.Ct. 715, 30 L.Ed.2d 731 (1972).

The only point that keeps this appeal from being wholly frivolous is that the trial court dismissed the complaint at the end of a status conference instead of waiting another month until the final deadline for the pretrial order. Plaintiff understandably attempts to make the most of this event. However, counsel failed to show, even now, that she was making a good faith effort to tender a pretrial order on time. From the record in its entire context, it is clear that the district judge did not abuse his discretion. Indeed, the handling of the particular case by the district judge reveals far more patience and forbearance than plaintiffs performance would have encountered in a number of other departments. The dismissal at the end of the status conference was entirely reasonable in light of the inability and unwillingness of counsel to offer any hope of moving affirmatively toward the filing of a pretrial order in the foreseeable future.

Affirmed.