What is the test for dismissing a complaint for failure to comply with an order of the court?

MultiRegion, United States of America

The following excerpt is from Morrical v. Bradford, 988 F.2d 120 (9th Cir. 1993):

In determining whether to dismiss a complaint for failure to comply with an order of the court, the district court must weigh five factors: (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 defendants; (4) the public policy favoring disposition on the merits; and (5) the availability of less drastic alternatives. Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir.), cert. denied, 113 S.Ct. 321 (1992). Although specific findings are preferred, we may review the record de novo in order to determine whether the district court abused its discretion. Id. at 1261.

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