PETER KRAVITZ V. DOV CHARNEY, No. 15-56258 (9th Cir. 2017)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS AUG 31 2017 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT IN RE: AMERICAN APPAREL, INC., 2014 Derivative Shareholder Litigation, No. 15-56258 D.C. No. 2:14-cv-05230-MWF PETER KRAVITZ, as Trustee for and on behalf of AAI Litigation Trust, MEMORANDUM* Plaintiff-Appellant, v. DOV CHARNEY, ET AL., Defendants-Appellees. Appeal from the United States District Court for the Central District of California Michael W. Fitzgerald, District Judge, Presiding Submitted August 29, 2017** Pasadena, California * 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). Before: WARDLAW and BYBEE, Circuit Judges, and ILLSTON,*** District Judge. 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. *** The Honorable Susan Illston, United States District Judge for the Northern District of California, sitting by designation. 2

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