Summary
upholding sanction of dismissal where plaintiff failed to comply with the court's discovery orders and failed to appear for deposition
Summary of this case from Hammler v. WrightOpinion
No. 17-35331
11-22-2017
WILLIAM L. McVEIGH, Plaintiff-Appellant, v. CLIMATE CHANGERS, INC., DBA JW Brower Heating & Air Conditioning; et al., Defendants-Appellees.
NOT FOR PUBLICATION
D.C. No. 3:16-cv-05174-RJB MEMORANDUM Appeal from the United States District Court for the Western District of Washington
Robert J. Bryan, District Judge, Presiding Before: CANBY, TROTT, and GRABER, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
William L. McVeigh appeals pro se from the district court's judgment dismissing his action alleging employment-related claims. We review for an abuse of discretion a district court's dismissal as a sanction under Fed. R. Civ. P. 37(b). Malone v. United States Postal Serv., 833 F.2d 128, 130 (9th Cir. 1987). We affirm.
The district court did not abuse its discretion by dismissing McVeigh's action because McVeigh failed to comply with the district court's discovery orders, and he failed to appear for his deposition. See id. at 130-32 (discussing the five factors the district court must weigh before dismissing a case for failure to comply with a court order).
The district court did not abuse its discretion by sanctioning McVeigh in the amount of attorney's fees and costs "caused by [McVeigh's] failure to obey a court order to provide or permit discovery." Toth v. Trans World Airlines, Inc., 862 F.2d 1381, 1385-86 (9th Cir. 1988) (setting forth standard of review and the expenses the district court may consider in awarding attorney's fees under Rule 37(b)(2) (citation and internal quotation marks omitted)).
The district court did not abuse its discretion by denying McVeigh's motion for reconsideration because McVeigh failed to establish any basis for such relief. Sch. Dist. No. 1J, Multnomah Cty., Or. v. ACandS, Inc., 5 F.3d 1255, 1262-63 (9th Cir. 1993) (setting forth standard of review and grounds for reconsideration under Fed. R. Civ. P. 59(e)); see also W.D. Wash. R. 7(h)(1) (reconsideration will be "ordinarily den[ied] . . . in the absence of a showing of manifest error in the prior ruling or a showing of new facts or legal authority which could not have been brought to [the district court's] attention earlier with reasonable diligence.").
We reject as without merit McVeigh's contention that the district court was biased.
McVeigh's motion to supplement the record on appeal (Docket Entry No. 20) is denied.
AFFIRMED.