The following excerpt is from Henderson v. Duncan, 779 F.2d 1421 (9th Cir. 1986):
After at least three initial warnings of possible dismissal, the court attempted to solve the problem by holding a status conference and establishing a schedule for discovery and preparation of the Rule 42(c) order. We recognize the preparation of such a schedule as a constructive intermediate step in dealing with dilatory practices. See Mir v. Fosburg, 706 F.2d at 919. At this conference session, the court again warned of dismissal before it took such action. We are satisfied that the court explored and used alternative measures before it used the final measure of dismissal.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.