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

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS FEB 22 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
REACHLOCAL, INC., a Delaware No. 16-56644
Corporation,
D.C. No. 2:16-cv-01007-R-AJW
Plaintiff-Appellant,
v. MEMORANDUM*
PPC CLAIM LIMITED, a British limited
company; et al.,
Defendants-Appellees.
Appeal from the United States District Court
for the Central District of California
Manuel L. Real, District Judge, Presiding
Submitted February 13, 2018**
Before: LEAVY, FERNANDEZ, and MURGUIA, Circuit Judges.
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
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
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.
2 16-56644