Howard J. & Camilla J. Sherman v. United States, 801 F.2d 1133 (9th Cir. 1986). · Go Syfert
Howard J. & Camilla J. Sherman v. United States, 801 F.2d 1133 (9th Cir. 1986). Cases Citing This Book View Copy Cite
41 citation events (38 in the last 25 years) across 9 distinct courts.
Treatment trajectory · 1990 → 2026 · click a year to view as-of
1990 2008 2026
Top citers, strongest first. 36 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Briana Leakas v. Monterey Bay Military Housing, LLC
N.D. Cal. · 2023 · signal: see also · quote attribution · 1 verbatim quote · confidence high
the 15 1983 amendments to rule 16 make clear that the rule is broadly remedial and its purpose is to 16 encourage forceful judicial management.
discussed Cited as authority (rule) Allen v. Western Governors University
D. Nev. · 2025 · confidence medium
Therefore, the Court cannot conduct the required preliminary peek to determine 24 if staying discovery is warranted.3 The parties’ joint motion to stay discovery therefore fails at the 25 outset. 26 27 3 Separate and apart from the Court’s obligation to apply the law correctly as set forth in Bateman, the Court is encouraged to engage in forceful judicial management of cases, Sherman v. 28 United States, 801 F.2d 1133, 1135 (9th Cir. 1986) (per curiam), and the Court is not required to allow an unwarranted stay of discovery even if agreed upon by the parties, see, e.g., Divine It.
discussed Cited as authority (rule) Karr v. Ford Motor Company
S.D. Cal. · 2025 · confidence medium
The sanctions provision of Rule 16 is 8 “broadly remedial,” and its purpose is to encourage “forceful judicial management.” See 9 Sherman v. United States, 801 F.2d 1133, 1135 (9th Cir. 1986). 10 The purpose of civil sanctions is to ensure compliance with court orders and to 11 compensate aggrieved parties for the sanctioned party’s failure to comply with court rules 12 and orders.
discussed Cited as authority (rule) Burrows v. State Farm Mutual Automobile Insurance Company
D. Nev. · 2025 · confidence medium
Separate and apart from the obligation to apply the law correctly, the Court is encouraged to engage in forceful judicial management of cases, Sherman v. United States, 27} 801 F.2d 1133, 1135 (9th Cir. 1986) (per curiam), and the Court is not required to allow an unwarranted stay of discovery even if agreed upon by the parties, see, e.g., Divine Wellness, LLC 28] vy.
cited Cited as authority (rule) Mason v. FCA US, LLC.
S.D. Cal. · 2025 · confidence medium
The 22 sanctions provision of Rule 16 is “broadly remedial,” and its purpose is to encourage 23 “forceful judicial management.” See Sherman v. United States, 801 F.2d 1133, 1135 (9th 24 Cir. 1986).
cited Cited as authority (rule) Cardona v. FCA US, LLC
S.D. Cal. · 2025 · confidence medium
The 15 sanctions provision of Rule 16 is “broadly remedial,” and its purpose is to encourage 16 “forceful judicial management.” See Sherman v. United States, 801 F.2d 1133, 1135 (9th 17 Cir. 1986).
discussed Cited as authority (rule) Sepulveda v. Talavera Cocina Mexicana
N.D. Cal. · 2025 · confidence medium
Sep. 18, 2012) (citing Sherman v. United 2 States, 801 F.2d 1133, 1135 (9th Cir. 1986)); see also Civil L.R. 3-9 (“Sanctions (including default 3 or dismissal) may be imposed for failure to comply with local rules.”).
discussed Cited as authority (rule) Smith v. Humboldt County Sheriff's Office Correctional Facility
N.D. Cal. · 2025 · confidence medium
Sep. 18, 13 2012) (citing Sherman v. United States, 801 F.2d 1133, 1135 (9th Cir. 1986)); see also Civil L.R. 3-9 14 (“Sanctions (including default or dismissal) may be imposed for failure to comply with local rules.”). 15 Moreover, federal courts have inherent power to impose monetary or other sanctions in order to 16 control the conduct of the proceedings, protect the “orderly administration of justice,” and to maintain 17 “the authority and dignity of the court.” Roadway Express, Inc. v. Piper, 447 U.S. 752, 764-67 (1980) 18 (citations omitted). 19 The Court finds that Defendant…
discussed Cited as authority (rule) Smith v. Humboldt County Sheriff's Office Correctional Facility
N.D. Cal. · 2025 · confidence medium
Sep. 18, 13 2012) (citing Sherman v. United States, 801 F.2d 1133, 1135 (9th Cir. 1986)); see also Civil L.R. 3-9 14 (“Sanctions (including default or dismissal) may be imposed for failure to comply with local rules.”). 15 Moreover, federal courts have inherent power to impose monetary or other sanctions in order to 16 control the conduct of the proceedings, protect the “orderly administration of justice,” and to maintain 17 “the authority and dignity of the court.” Roadway Express, Inc. v. Piper, 447 U.S. 752, 764-67 (1980) 18 (citations omitted). 19 The Court finds that Defendant…
cited Cited as authority (rule) Blandburg v. Advanced Lighting and Electric, Inc.
D. Nev. · 2024 · confidence medium
Rule 16 is “broadly remedial and its purpose is to encourage forceful judicial 11 management.” Sherman v. United States, 801 F.2d 1133, 1135 (9th Cir. 1986).
cited Cited as authority (rule) Dubey v. Concentric Healthcare Solutions LLC
D. Ariz. · 2024 · confidence medium
The Ninth 12 Circuit has held that the purpose of Rule 16 is “to encourage forceful judicial 13 management.” Sherman v. United States, 801 F.2d 1133, 1135 (9th Cir. 1986).
cited Cited as authority (rule) Kelley v. Southern Capital Finance Group, LLC
D. Nev. · 2024 · confidence medium
Rule 16(f) is “broadly remedial and its purpose is to encourage forceful 7 judicial management.” Sherman v. United States, 801 F.2d 1133, 1135 (9th Cir. 1986) (per 8 curiam).
discussed Cited as authority (rule) Giannone v. Nevada Property 1, LLC (2×) also: Cited "see"
D. Nev. · 2024 · confidence medium
Rule 16(f) is “broadly remedial and its purpose is to encourage forceful 10 judicial management.” Sherman v. United States, 801 F.2d 1133, 1135 (9th Cir. 1986) (per 11 curiam).
cited Cited as authority (rule) Juneau v. Subaru of America, Inc.
S.D. Cal. · 2023 · confidence medium
The 3 purpose of a Rule 16(f) sanction is “to encourage forceful judicial management.” See 4 Sherman v. United States, 801 F.2d 1133, 1135 (9th.
cited Cited as authority (rule) Brown v. Zeltiq Aesthetics, Inc.
D. Nev. · 2023 · confidence medium
It is clear that “the rule is broadly remedial and its purpose is to 3 encourage forceful judicial management.” Sherman v. United States, 801 F.2d 1133, 1135 (9th 4 Cir. 1986).
cited Cited as authority (rule) Banks v. Whambo! Enterprises LLC
S.D. Cal. · 2023 · confidence medium
Cal. Aug. 25, 24 2016). 25 Rule 16(f) is “broadly remedial and its purpose is to encourage forceful judicial 26 management.” Sherman v. United States, 801 F.2d 1133, 1135 (9th Cir. 1986).
cited Cited as authority (rule) Elias v. Silver State Transportation Services LLC
D. Nev. · 2022 · confidence medium
It is clear that “the rule is broadly remedial and its purpose is to 8 encourage forceful judicial management.” Sherman v. United States, 801 F.2d 1133, 1135 (9th 9 Cir. 1986).
cited Cited as authority (rule) Ceja v. The Vons Companies, Inc.
D. Nev. · 2022 · confidence medium
It is clear that “the rule is broadly remedial and its purpose is to 2 encourage forceful judicial management.” Sherman v. United States, 801 F.2d 1133, 1135 (9th 3 Cir. 1986).
discussed Cited as authority (rule) The Solaria Corporation v. GCL System Integration Technology Co., Ltd.
N.D. Cal. · 2022 · confidence medium
Rule 16 is “broadly remedial and its purpose is to encourage 14 forceful judicial management.” Sherman v. United States, 801 F.2d 1133, 1135 (9th Cir. 1986). 15 Courts order sanctions under Rule 16 for violation of an order where “[d]isregard of the order would 16 undermine the court’s ability to control its docket, disrupt the agreed-upon course of the litigation, 17 and reward the indolent and the cavalier.” Johnson v. Mammoth Recreations, Inc., 18 975 F.2d 604, 610 (9th Cir. 1992). 19 III.
discussed Cited as authority (rule) The Solaria Corporation v. GCL System Integration Technology Co., Ltd.
N.D. Cal. · 2022 · confidence medium
Rule 16 is “broadly remedial and its purpose is to encourage 14 forceful judicial management.” Sherman v. United States, 801 F.2d 1133, 1135 (9th Cir. 1986). 15 Courts order sanctions under Rule 16 for violation of an order where “[d]isregard of the order would 16 undermine the court’s ability to control its docket, disrupt the agreed-upon course of the litigation, 17 and reward the indolent and the cavalier.” Johnson v. Mammoth Recreations, Inc., 18 975 F.2d 604, 610 (9th Cir. 1992). 19 III.
discussed Cited as authority (rule) Warr v. Liberatore
W.D.N.Y. · 2020 · confidence medium
Nev. 2018) (quotations omitted), and the purpose of Rule 16(f) is to “encourage forceful judicial management.” Sherman v. United States, 801 F.2d 1133, 1135 (9th Cir. 1986) (per curiam). “[V]iolations of Rule 16 are neither technical nor trivial, but involve a matter most critical to the court itself: management of its docket and the avoidance of unnecessary delays in the administration of its cases.” Martin Family Trust v. Heco/Nostalgia Enters., 186 F.R.D. 601, 603 (E.D.
discussed Cited as authority (rule) Warr v. Liberatore
W.D.N.Y. · 2020 · confidence medium
Nev. 2018) (quotations omitted), and the purpose of Rule 16(f) is to “encourage forceful judicial management.” Sherman v. United States, 801 F.2d 1133, 1135 (9th Cir. 1986) (per curiam). “[V]iolations of Rule 16 are neither technical nor trivial, but involve a matter most critical to the court itself: management of its docket and the avoidance of unnecessary delays in the administration of its cases.” Martin Family Trust v. Heco/Nostalgia Enters., 186 F.R.D. 601, 603 (E.D.
discussed Cited as authority (rule) Christiana Trust v. SFR Investments Pool 1, LLC
D. Nev. · 2019 · confidence medium
P. 16(f)(1)(c).2 Rule 16(f) is “broadly 8 remedial and its purpose is to encourage forceful judicial management.” Sherman v. United States, 9 801 F.2d 1133, 1135 (9th Cir. 1986) (per curiam). 10 Rule 16(f) applies regardless of whether the non-compliance with the court order was 11 intentional.
discussed Cited as authority (rule) Robert Johnson v. Roy Gonzales
9th Cir. · 2017 · confidence medium
The district court did not abuse its discretion in denying Johnson’s motion to hold his action in abeyance to permit Johnson to exhaust new grievances because district courts have “broad inherent powers to manage their own affairs so as to achieve the orderly and expeditious disposition of cases.” Sherman v. United States, 801 F.2d 1133, 1135 (9th Cir. 1986); see Ready Transp., Inc. v. AAR Mfg., Inc., 627 F.3d 402, 404 (9th Cir. 2010) (setting forth standard of review).
discussed Cited as authority (rule) United States v. Kent
9th Cir. · 2011 · confidence medium
The federal appellate courts should hesitate to intrude upon the "broad inherent powers [of district courts] to manage their own affairs so as to achieve the orderly and expeditious disposition of cases." Sherman v. United States, 801 F.2d 1133, 1135 (9th Cir.1986) (internal citation and quotation marks omitted).
discussed Cited as authority (rule) United States v. Kent
9th Cir. · 2011 · confidence medium
The federal appellate courts should hesitate to intrude upon the “broad inherent powers [of district courts] to manage their own affairs so as to achieve the orderly and expeditious disposition of cases.” Sherman v. United States, 801 F.2d 1133, 1135 (9th Cir.1986) (internal citation and quotation marks omitted).
discussed Cited as authority (rule) United States v. Kent
9th Cir. · 2011 · confidence medium
The federal appellate courts should hesitate to intrude upon the “broad inherent powers [of district courts] to manage their own affairs so as to achieve the orderly and expeditious disposition of cases.” Sherman v. United States, 801 F.2d 1133, 1135 (9th Cir.1986) (internal citation and quotation marks omitted).
cited Cited as authority (rule) Richard Dykstra Julia Dykstra v. Commissioner of Internal Revenue
9th Cir. · 2001 · confidence medium
See Sacks v. Comm’r, 82 F.3d 918, 921 (9th Cir.1996); Sherman v. United States, 801 F.2d 1133, 1135 (9th Cir.1986).
discussed Cited as authority (rule) Martin Family Trust v. Heco/Nostalgia Enterprises Co.
E.D. Cal. · 1999 · confidence medium
R.Civ.P. 16(f) advisory committee’s note (“[E]xplicit reference to sanctions reenforces the rule’s intention to encourage forceful judicial management.”); Sherman v. United States, 801 F.2d 1133, 1135 (9th Cir.1986) (indicating the purpose of Rule 16 is “to encourage forceful judicial management”).
cited Cited "see" Robinson v. Herndon
9th Cir. · 2002 · signal: see · confidence high
See Sherman v. United States, 801 F.2d 1133, 1135 (9th Cir.1986) (per curiam).
discussed Cited "see, e.g." Taniela Fakalolo Kivalu v. Carrington Mortgage Servicer LLC, et al.
D. Ariz. · 2026 · signal: see also · confidence low
Rule 16(f)(1) provides that “the court may issue 14 any just orders . . . if a party or its attorney” (1) “fails to appear at a scheduling or other 15 pretrial conference,” (2) “is substantially unprepared to participate . . . in the conference,” 16 or (3) “fails to obey a scheduling or other pretrial order.” “Rule 16(f)’s explicit reference 17 to sanctions reflects the Rule’s intention to encourage forceful judicial management” and 18 “vests a district court with discretion to impose whichever sanction it feels is appropriate 19 under the circumstances.” Huebner v.…
discussed Cited "see, e.g." Louise Hubbard v. Navajo Health Foundation Incorporated-Sage Memorial Hospital, et al.
D. Ariz. · 2025 · signal: see also · confidence low
Rule 16(f)(1) provides that “the court may issue any just 27 orders . . . if a party or its attorney” (1) “fails to appear at a scheduling or other pretrial 28 conference,” (2) “is substantially unprepared to participate . . . in the conference,” or (3) 1 “fails to obey a scheduling or other pretrial order.” “Rule 16(f)’s explicit reference to 2 sanctions reflects the Rule’s intention to encourage forceful judicial management” and 3 “vests a district court with discretion to impose whichever sanction it feels is appropriate 4 under the circumstances.” Huebner v. Mid…
discussed Cited "see, e.g." T1 Payments, LLC v. New U Life Corporation
D. Nev. · 2025 · signal: see also · confidence medium
Nev. 2019) (quoting Rossetto v. Pabst Brewing Co., 217 F.3d 539, 542 (7th 11 Cir. 2000)); see also, e.g., Sherman v. United States, 801 F.2d 1133, 1135 (9th Cir. 1986) 12 (explaining that Rule 16 is meant to encourage “forceful judicial management” of case 13 administration). 14 A request to extend unexpired deadlines in the scheduling order must be premised on a 15 showing of good cause.
discussed Cited "see, e.g." Lehman v. Austin
D. Nev. · 2024 · signal: see also · confidence medium
Official Airline Guides, Inc. v. Goss, 6 F.3d 1385, 1397 (9th 15 Cir. 1993); see also Sherman v. United States, 801 F.2d 1133, 1135 (9th Cir.1986) (indicating 16 the purpose of Rule 16 is “to encourage forceful judicial management”). 17 As will be explained below by analyzing each of the requests and responses, Plaintiff has 18 violated the prior order by continuing to generally refer to the docket.
discussed Cited "see, e.g." In Re: Bullhead & Laughlin Jet Skis LLC for Exoneration from or Limitation of Liability
D. Ariz. · 2023 · signal: see also · confidence medium
See Lewis, 531 U.S. at 454 (explaining that courts “have 24 discretion to stay or dismiss Limitation Act proceedings to allow a suitor to pursue his 25 claims in state court”); see also Sherman v. United States, 801 F.2d 1133, 1135 (9th Cir. 26 1986) (describing the courts’ inherent powers “to manage their own affairs so as to achieve 27 the orderly and expeditious disposition of cases,” which includes the power to stay a case 28 1 if it serves the interest of judicial economy and does not substantially prejudice a party 2 (quoting Link v. Wabash R.R., 370 U.S. 626 , 630–31 (1962))…
discussed Cited "see, e.g." Emerson Electric Co. v. Davoil, Inc. D/B/A Quorum International and the Fan Connection D/B/A Dan's Fan City
Fed. Cir. · 1996 · signal: see also · confidence medium
Although “[district courts unquestionably have substantial inherent power to manage their dockets,” In re NLO, Inc., 5 F.3d 154, 157 (6th Cir.1993); see also Sherman v. United States, 801 F.2d 1133, 1135 (9th Cir.1986) (Federal courts have broad inherent powers “to manage their own affairs so as to achieve the orderly and expeditious disposition of cases.”) (citation omitted), “[t]here are obvious dangers in too broad an interpretation of the federal courts’ inherent power to regulate their procedure.” In re NLO, Inc., 5 F.3d at 158 (citation omitted).
Retrieving the full opinion text from the archive…
Howard J. and Camilla J. SHERMAN, Plaintiffs/Appellants,
v.
UNITED STATES of America, Defendant/Appellee
85-2580.
Court of Appeals for the Ninth Circuit.
Oct 2, 1986.
801 F.2d 1133
Alan W. Scholz, San Jose, Cal., for plaintiffs/appellants., Steven Parks, Asst. Atty. Gen., U.S. Dept, of Justice, Washington, D.C., for defendant/ appellee.
Farris, Hall, Kozinski, Per Curiam.
Cited by 39 opinions  |  Published
PER CURIAM.

It is well established that a judge may dismiss a case when the plaintiff fails to prosecute. See, e.g., Link v. Wabash Railroad, 370 U.S. 626, 633, 82 S.Ct. 1386, 1390, 8 L.Ed.2d 734 (1962); Franklin v. Murphy, 745 F.2d 1221, 1232 (9th Cir.1984). This case raises the novel question whether a judge may dismiss a case when the plaintiff fails to prosecute a related case in another court.

Facts

Taxpayers, Howard and Camilla Sherman, appeal from an order of the district court dismissing their action for a tax refund because of their failure to prosecute a case in the United States Tax Court, as ordered by the district court. The Tax Court case, which had been pending for several years before the district court complaint was filed, involves prior tax years and, when decided, would also have fully disposed of the case pending before the district court. [1]

In 1982, upon a motion by the United States, the district court stayed further proceedings in this case pending a final decision by the Tax Court. Some two years later, in November 1984, the district court ordered the taxpayers to make a good faith effort to bring their Tax Court case to trial or other resolution within 180 days; the court warned taxpayers that their case would be dismissed if they disobeyed.

In July 1985, after the 180 days had expired, the district court directed the parties to appear and show cause why the case should not be dismissed. At this hearing, the taxpayers contended that they had no control over the progress of the Tax Court case, that their case there was progressing as fast as it could and that the district court lacked jurisdiction to dismiss their case for failing to prosecute the Tax Court case. On August 23, 1985, the district court dismissed taxpayers’ complaint, rely[*1135] ing on Rules 16(f) and 41 of the Federal Rules of Civil Procedure. The district court found that plaintiffs had done nothing to advance their Tax Court case; they had not even informed the Tax Court- of the district court’s July 1985 order.

Discussion

Federal courts have .broad inherent powers “to manage their own affairs so as to achieve the orderly and expeditious disposition of cases.” Link, 360 U.S. at 630-31, 82 S.Ct. at 1389 (footnote omitted). Both Rules 16(f) and 41(b) of the Federal Rules of Civil Procedure permit a judge to dismiss a case when the plaintiff fails to prosecute. Goforth v. Owens, 766 F.2d 1533, 1535 (11th Cir.1985). The 1983 amendments to Rule 16 make clear that the rule is broadly remedial and its purpose is to encourage forceful judicial management. In re Sanction of Baker, 744 F.2d 1438, 1440 (10th Cir.1984), cert. denied, 471 U.S. 1014, 105 S.Ct. 2016, 85 L.Ed.2d 299 (1985). Moreover, under Rule 41 the district court has authority to order a party to take actions that aid the speedy resolution of a case, and to dismiss that party if it fails to comply with the court order. See Van Bronkhorst v. Safeco Corp., 529 F.2d 943, 947-50 (9th Cir.1976) (affirming the dismissal of the EEOC as a party when it disobeyed a court order to send someone with settlement authority to conference).

There can be no doubt that the district court had the authority to stay its proceedings to await the outcome of the Tax Court case; taxpayers do not argue to the contrary. Taxpayers do argue that the court lacked the authority to compel them to prosecute their Tax Court case on pain of dismissal. They also suggest that even if the district court had the authority, it abused its discretion by dismissing rather than resorting to a lesser sanction.

We reject both contentions. Because the district court had authority to stay proceedings during the pendency of the Tax Court case, it also had the authority to assure that the stay lasted no longer than necessary. While the district court could not order the Tax Court to expedite its proceedings, it certainly could direct the taxpayers to take all reasonable steps within their power to bring the Tax Court case to conclusion. To that end, the district court directed taxpayers to make good faith efforts to bring the Tax Court case to trial or other resolution. Taxpayer’s contention that they had no control over proceedings in the Tax Court is beside the point: They certainly could have filed a motion requesting that the case be handled on an expedited basis. At the very least, they could have advised the Tax Court of the district court’s order. Instead, all they did was to call the clerk of the Tax Court and ask where things stood. This was plainly not sufficient under the district court’s order. Since the district court had advised taxpayers of the consequences of failing to comply with its order, we do not feel it abused its discretion in following through on its warning. See Bomate v. Ford Motor Co., 761 F.2d 713, 714 (D.C.Cir.1985); Callip v. Harris County Child Welfare Department, 757 F.2d 1513, 1521 (5th Cir.1985).

AFFIRMED.

1

. Taxpayers brought this suit on February 4, 1982, seeking a tax refund for 1976. They computed their tax liability for 1976 using income averaging, relying on 1972, 1973, 1974 and 1975 as base years in calculating their average taxable income for 1976. After taxpayers filed their 1976 return, the Internal Revenue Service (IRS) audited their 1975 return and disallowed a claimed partnership loss, which increased taxpayers’ taxable income for 1975 from $3,437 to $40,302. In 1979, taxpayers filed a petition in the United States Tax Court to contest the proposed IRS assessment for 1975. Sherman v. Commissioner, No. 11228-79 (T.C. filed Feb. 4, 1982).

Because 1975 was one of the base years for taxpayers’ 1976 income averaging, the IRS audited and recomputed their 1976 liability. The additional tax liability for 1976 was $1,139. The IRS requested taxpayers to waive the statute of limitations on the 1976 assessment pending the resolution of the Tax Court proceeding. Taxpayers declined, and the IRS made the assessment, which the taxpayers paid. The taxpayers filed a claim for a refund, which was disallowed by the IRS. This suit was then filed in district court seeking a refund for 1976.