What is the legal test for dismissing an action for failing to comply with a previous order?

MultiRegion, United States of America

The following excerpt is from Godinez v. Kernan, No. 2:18-cv-2921-TLN-EFB P (E.D. Cal. 2019):

Bereft of good options as to how to proceed, the court recommends dismissal for failure to comply with its previous order. "Pursuant to Federal Rule of Civil Procedure 41(b), the district court may dismiss an action for failure to comply with any order of the court." Ferdik v. Bonzelet, 963 F.2d 1258, 1260 (9th Cir. 1992). In so doing, it should consider five factors, including: "(1) the public's interest in expeditious resolution of litigation; (2) the court's need to manage its docket; (3) the risk of prejudice to the defendants; (4) the public policy favoring disposition of cases on their merits; and (5) the availability of less drastic alternatives." Id. at 1260-61 (citing Thompson v. Housing Authority of Los Angeles, 782 F.2d 829, 831 (9th Cir.), cert. denied 479 U.S. 829 (1986)).

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