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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Edwards v. Marin Park, Inc., 356 F.3d 1058 (2004)

Citation
Edwards v. Marin Park, Inc., 356 F.3d 1058 (2004)
Parent Document
Edwards v. Marin Park, Inc., 356 F.3d 1058 (2004)
Effective Date
2004-01-26

Other Sections in This Document (51)

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We are faced with two questions regarding the RICO claim. The first is whether the district court abused its discretion in dismissing it under Rule 41(b) as a sanction for Edwards's failure to follow the court's instruction that she amend the complaint. See Yourish v. California Amplifier, 191 F.3d 983, 986 (9th Cir.1999). If so, we review de novo whether the Rule 12(b)(6) dismissal was proper. See Stone, 58 F.3d at 436-37. 1. The Rule 41(b) Dismissal