FILED
NOT FOR PUBLICATION JAN 22 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
PANCHOS CORPORATION, a Florida No. 07-56258
corporation,
D.C. No. CV-03-03002-GPS
Plaintiff-counterdefendant
- Appellee,
MEMORANDUM *
v.
GUADALUPE BEDOYA GONZALEZ;
ANA MARIA JOSEFINA BOJALIL
BEDOYA,
Defendants-counterclaimants
- Appellants,
and
SIMON LOPEZ, an individual; TEATRO
LOS PINOS, a business entity,
Defendants.
Appeal from the United States District Court
for the Central District of California
George P. Schiavelli, District Judge, Presiding
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
JS/Research
Submitted January 11, 2010 **
Before: BEEZER, TROTT, and BYBEE, Circuit Judges.
Guadalupe Bedoya Gonzalez and Ana Maria Josefina Bojalil Bedoya appeal
from the district court’s order dismissing their counterclaim pursuant to Federal
Rule of Civil Procedure 41(b). We have jurisdiction under 28 U.S.C. § 1291. We
review for an abuse of discretion, Pagtalunan v. Galaza, 291 F.3d 639, 640 (9th
Cir. 2002), and we affirm.
The district court did not abuse its discretion by dismissing the counterclaim
because counterclaimants failed to comply fully with the court’s order to “proceed
by default” after the court imposed less drastic sanctions and warned them that
noncompliance would result in dismissal. See id. at 642 (listing factors that a
district court must weigh before dismissing an action under Rule 41(b)).
We decline to consider whether the district court abused its discretion by
denying the motions for reconsideration under Rules 59(e) and 60(b) because the
issue was not argued on appeal. See Indep. Towers of Wash. v. Washington, 350
F.3d 925, 929 (9th Cir. 2003) (deeming abandoned issues raised but not argued on
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2). Accordingly,
counterclaimants’ request for oral argument is denied.
JS/Research 2 07-56258
appeal).
AFFIRMED.
JS/Research 3 07-56258