What is the test for dismissing an action for failure to comply with any order?

MultiRegion, United States of America

The following excerpt is from Humes v. Eliston, No. 2:17-cv-2650 JAM AC P (E.D. Cal. 2019):

"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), cert. denied, 506 U.S. 915 (1992). "In determining whether to dismiss a case for failure to comply with a court order the district court must weigh 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 (citations and internal quotation marks omitted).

Other Questions


Is a failure to comply with a court order a dismissal for failure to prosecute or comply with local rules? (MultiRegion, United States of America)
What is the test for dismissing an action for failure to prosecute or failure to comply with a court order? (MultiRegion, United States of America)
What is the test for dismissing a case for failure to prosecute, or failure to comply with a court order? (MultiRegion, United States of America)
Can a federal judge dismiss an action for failure to comply with an order of the court? (MultiRegion, United States of America)
What is the test for a motion to dismiss an action for failure to comply with an order of the court? (MultiRegion, United States of America)
What is the test for dismissing an action for failure to comply with any order of the court? (MultiRegion, United States of America)
How have courts dealt with dismissal orders for failure to comply with their orders? (MultiRegion, United States of America)
Can an action be dismissed for failing to comply with a court's order? (MultiRegion, United States of America)
Can a defendant in a civil action be denied in forma pauperis status if he has previously had at least six prior actions dismissed as frivolous, malicious, or for failure to state a claim? (MultiRegion, United States of America)
What is the test for dismissing an action for failing to comply with any order? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.