Reachlocal, Inc. v. Ppc Claim Limited

Ninth Circuit

Reachlocal, Inc. v. Ppc Claim Limited

713 F. App'x 568

CourtCourt of Appeals for the Ninth Circuit

DecidedFebruary 22, 2018

Docket16-56644

StatusUnpublished

This text of 713 F. App'x 568 (Reachlocal, Inc. v. Ppc Claim Limited) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Reachlocal, Inc. v. Ppc Claim Limited, 713 F. App'x 568 (9th Cir. 2018).

Pincite

Opinion

MEMORANDUM **

ReachLocal, Inc. appeals from the district court’s order dismissing sua sponte for failure to prosecute ReachLocal’s diversity action alleging state law claims. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion, Oliva v. Sullivan, 958 F.2d 272, 274 (9th Cir. 1992), and we reverse and remand.

The district court dismissed ReachLocal’s action for failure to prosecute at a status conference attended by counsel for both parties. In doing so, the district court abused its discretion because it failed to warn ReachLocal of the possibility of dismissal, and did not consider less drastic alternatives. See id. at 273-74.

We deny ReachLocal’s request for reassignment to a different district judge on remand. See Krechman v. County, of Riverside, 723 F.3d 1104, 1111-12 (9th Cir. 2013) (setting forth factors warranting reassignment).

REVERSED and REMANDED.

**

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

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