Background
Caroline Wichman appealed the district court’s grant of motions to dismiss her second amended complaint. She alleged that defendants falsely accused her and her family of crimes and violated her civil rights. The district court dismissed the case because Wichman failed to timely oppose the motions as required by local rules.
The court’s reasoning
The court reviewed the district court’s ruling for abuse of discretion. Local Rule seven nine required an opposition to be filed twenty one days before the hearing. Wichman failed to file this opposition. Although the court affords leeway to pro se parties, there are limits to accommodation. The district court had previously granted Wichman an extension and warned that further failure to respond would result in dismissal with prejudice. Wichman did not demonstrate that this was a rare case warranting questioning the district court’s discretion.
The rulings of the district courts regarding local rules are reviewed for abuse of discretion.
Alliance of Nonprofits for Ins., Risk Retention Grp. v. Kipper, 712 F.3d 1316, 1327 (9th Cir. 2013)
What it means going forward
The decision reinforces that pro se litigants must adhere to local procedural rules and that courts may dismiss cases for failure to oppose motions when warned of the consequences.