Ashit Zinzuwadia v. Oracle Corporation

FILED
NOT FOR PUBLICATION JUL 26 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ASHIT ZINZUWADIA, No. 10-15002
Plaintiff - Appellant, D.C. No. 3:06-cv-06702-MHP
v.
MEMORANDUM *
ORACLE CORPORATION,
Defendant - Appellee.
Appeal from the United States District Court
for the Northern District of California
Marilyn H. Patel, District Judge, Presiding
Submitted July 12, 2011 **
Before: SCHROEDER, ALARCÓN, and LEAVY, Circuit Judges.
Ashit Zinzuwadia appeals pro se from the district court’s judgment
dismissing his Family Medical Leave Act action for repeated failure to oppose
defendant’s motion for summary judgment and to respond to court-ordered
discovery. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse
*
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).
of discretion. Pagtalunan v. Galaza, 291 F.3d 639, 640-41 (9th Cir. 2002). We
affirm.
The district court did not abuse its discretion in dismissing the action after it
repeatedly warned Zinzuwadia that noncompliance with its orders to respond to
discovery would result in dismissal, and granted numerous extensions of time to
comply with those orders and to oppose summary judgment. See id. at 642-43(discussing factors relevant to dismissal for failure to comply with a court order or
failure to prosecute); see also Ferdik v. Bonzelet, 963 F.2d 1258, 1261 (9th Cir.
1992) (where the district court does not make explicit findings concerning these
factors, we “review the record independently to determine if [it] has abused its
discretion”).
Zinzuwadia’s remaining contentions are unpersuasive.
AFFIRMED.
2 10-15002