Unpublished Disposition, 874 F.2d 815 (9th Cir. 1988)

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U.S. Court of Appeals for the Ninth Circuit - 874 F.2d 815 (9th Cir. 1988)

Niles D. CHAPMAN and Patricia J. Chapman as Trustees forChapman Family Trust; Niles D. Chapman,individually and Niles D. Chapman, M.D.,Inc., Defined Benefit PensionTrust, Plaintiffs-Appellants,v.G. Barton HEULER, Comworld Production Partners, et al.,Defendants-Appellees.

No. 88-6162.

United States Court of Appeals, Ninth Circuit.

Submitted April 27, 1989.* Decided May 3, 1989.As Amended May 11, 1989.

Before HUG, SCHROEDER and LEAVY, Circuit Judges.

MEMORANDUM** 

Trustees for the Chapman Family Trust (Trust) appeal from the decision of the district court dismissing their complaint with prejudice.

The Trust brought this action alleging fraud, securities, and RICO (Racketeer Influenced and Corrupt Organizations Act) violations by defendants. On April 1, 1988, the district court ordered the complaint dismissed for deficiencies in the pleading. The court gave the Trust until April 22 to file an amended complaint. On May 17, having received no response from the Trust, the district court dismissed their action with prejudice.

Based on the record before this court on appeal, the district court did not abuse its discretion in dismissing the complaint. Fed. R. Civ. P. 41(b). See Malone v. United States Postal Service, 833 F.2d 128 (9th Cir. 1987). The record reflects that the Trust has a motion for 60(b) relief still pending. The district court may consider issues concerning excusable neglect in connection with that motion.

AFFIRMED.

 *

The panel unanimously finds this case suitable for disposition without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 34-4

 **

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3

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