Lula Taylor v. Costco ( 2021 )

NOT FOR PUBLICATION FILED
AUG 23 2021
UNITED STATES COURT OF APPEALS
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
LULA TAYLOR, No. 20-15720
Plaintiff-Appellant, D.C. No. 3:18-cv-00586-MMD-VCF
v.
MEMORANDUM*
COSTCO WHOLESALE CORPORATION,
Defendant-Appellee.
Appeal from the United States District Court
for the District of Nevada
Miranda M. Du, District Judge, Presiding
Submitted August 17, 2021**
Before: SILVERMAN, CHRISTEN, and LEE, Circuit Judges.
Lula Taylor appeals pro se from the district court’s judgment dismissing as a
discovery sanction her diversity action alleging a negligence claim. We have
jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion a
dismissal under Federal Rule of Civil Procedure 37. Conn. Gen. Life Ins. Co. v.
*
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).
New Images of Beverly Hills, 482 F.3d 1091, 1096 (9th Cir. 2007). We affirm.
The district court did not abuse its discretion in dismissing Taylor’s action
because Taylor failed to respond adequately to discovery in compliance with the
district court’s discovery order despite multiple warnings that failure to do so could
result in dismissal. See id. at 1096-97 (factors to be considered before dismissing
under Rule 37(b)).
AFFIRMED.
2 20-15720