IN RE: AMERICAN APPAREL, INC., 2014 Derivative Shareholder Litigation, PETER… v. Dov Charney

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
IN RE: AMERICAN APPAREL, INC.,
2014 Derivative Shareholder Litigation,
PETER KRAVITZ, as Trustee for and on
behalf of AAI Litigation Trust,
Plaintiff-Appellant,
v.
DOV CHARNEY, ET AL.,
Defendants-Appellees.
No. 15-56258
D.C. No. 2:14-cv-05230-MWF
MEMORANDUM*
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
FILED
AUG 31 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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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.
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