REACHLOCAL, INC. V. PPC CLAIM LIMITED, No. 16-56644 (9th Cir. 2018)

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FILED NOT FOR PUBLICATION FEB 22 2018 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT REACHLOCAL, INC., a Delaware Corporation, U.S. COURT OF APPEALS No. 16-56644 D.C. No. 2:16-cv-01007-R-AJW Plaintiff-Appellant, MEMORANDUM* v. PPC CLAIM LIMITED, a British limited company; et al., Defendants-Appellees. Appeal from the United States District Court for the Central District of California Manuel L. Real, District Judge, Presiding Submitted February 13, 2018** Before: LEAVY, FERNANDEZ, and MURGUIA, Circuit Judges. ReachLocal, Inc. appeals from the district court’s order dismissing sua sponte for failure to prosecute ReachLocal’s diversity action alleging state law claims. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of * 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). discretion, Oliva v. Sullivan, 958 F.2d 272, 274 (9th Cir. 1992), and we reverse and remand. The district court dismissed ReachLocal’s action for failure to prosecute at a status conference attended by counsel for both parties. In doing so, the district court abused its discretion because it failed to warn ReachLocal of the possibility of dismissal, and did not consider less drastic alternatives. See id. at 273-74. We deny ReachLocal’s request for reassignment to a different district judge on remand. See Krechman v. County. of Riverside, 723 F.3d 1104, 1111-12 (9th Cir. 2013) (setting forth factors warranting reassignment). REVERSED and REMANDED. 2 16-56644

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