IN RE: AMERICAN APPAREL (2017)

United States Court of Appeals, Ninth Circuit.

IN RE: AMERICAN APPAREL, INC., 2014 Derivative Shareholder Litigation, PETER KRAVITZ, as Trustee for and on behalf of AAI Litigation Trust, Plaintiff-Appellant, v. DOV CHARNEY, ET AL., Defendants-Appellees.

No. 15-56258

Decided: August 31, 2017

Before: WARDLAW and BYBEE, Circuit Judges, and ILLSTON,*** District Judge.

MEMORANDUM*

Litigation Trustee Peter Kravitz appeals the district court's order of dismissal under Federal Rule of Civil Procedure 41(b) for failure to prosecute or comply with a court order. The district court did not abuse its discretion in dismissing the case under Rule 41(b). See Yourish v. Cal. Amplifier, 191 F.3d 983 (9th Cir. 1999); Ferdik v. Bonzelet, 963 F.2d 1258 (9th Cir. 1992). On this record, the relevant factors weigh in favor of dismissal and the district court was not required to issue a clear warning or attempt less drastic alternatives before dismissing the action without prejudice.

AFFIRMED.

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