Walter Jayasinghe, M.d.; Ashea Jayasinghe, Plaintiffs-appellants, v. American Broadcasting Company, a Corporation; Capitalcities/abc, Incorporated, a Corporation,defendants-appellees, 108 F.3d 1385 (9th Cir. 1997)

MEMORANDUM^** 

Walter and Ashea Jayasinghe appeal the district court's Fed. R. Civ. P. 37 dismissal for failure to comply with discovery in the Jayasinghes' action alleging that the American Broadcasting Company broadcast news stories that caused tenants to leave an office building owned by the Jayasinghes.

We agree with the district court that the Jayasinghes abused the discovery process. Furthermore, we find no merit in the arguments that the Jayasinghes raise before this court. The Jayasinghes contend that they did not "willfully" disobey discovery orders, and that any incomplete responses they may have made were the result of misunderstandings. As the district court's order of dismissal clearly details, however, the Jayasinghe's abuse of the discovery process was repeated. Moreover, the district court considered other less severe sanctions by initially assessing monetary sanctions, and warning of possible dismissal if further abuses occurred. Accordingly, we affirm the district court's Rule 37 dismissal. See Commodity Futures Trading Comm'n v. Noble Metals Int'l Inc., 67 F.3d 766, 771-72 (9th Cir. 1995).

AFFIRMED.