Magarian v. Monarch Life Insurance
Magarian v. Monarch Life Insurance
Opinion of the Court
MEMORANDUM
Glenn A. Magarian appeals an order of the district court dismissing his case and imposing sanctions for tampering with evidence produced in discovery. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
A dismissal pursuant to the district court’s inherent power and under Fed. R.Civ.P. 37 is reviewed for an abuse of discretion. Valley Eng’rs Inc. v. Elec. Eng’g Co., 158 F.3d 1051, 1052 (9th Cir. 1998); Anheuser-Busch, Inc. v. Natural Beverage Distribs., 69 F.3d 337, 348 (9th Cir. 1995). The district court’s discretion will not be disturbed absent a “definite and firm conviction that the court committed a clear error of judgment in the conclusion it reached upon a weighing of the relevant factors.” Payne v. Exxon Corp., 121 F.3d 503, 507 (9th Cir. 1997). The court’s factual findings may not be set aside unless clearly erroneous, and its credibility determinations are accorded special deference. Anheuser-Busch, 69 F.3d at 348.
The district court’s finding that Magarian edited the videotapes he produced during discovery was not clearly erroneous.
Nor did the district court abuse its discretion in dismissing the case without considering other alternatives. “[W]e have never held that explicit discussion of alternatives is necessary for an order of dismissal to be upheld.” Malone v. United States Postal Serv., 833 F.2d 128, 132 (9th Cir. 1987); see also Valley Eng’rs, 158 F.3d at 1057 (stating that “it is not always necessary for the court to impose less serious sanctions first, or to give any explicit warning”). In fact, “there are circum
Finally, the district court did not abuse its discretion in awarding attorney’s fees. See Chambers v. NASCO, Inc., 501 U.S. 32, 55, 111 S.Ct. 2123, 115 L.Ed.2d 27 (1991) (reviewing for an abuse of discretion the district court’s award of attorney’s fees pursuant to its inherent powers). The fraudulent conduct for which sanctions were imposed went to the heart of Magadan's total disability claim, indicating that the lawsuit had no merit and that Magadan so realized from its outset.
For the foregoing reasons, the order of the district court is AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Cir. R. 36-3.
. Because the parties are familiar with the facts, we do not recite them here.
. Because we affirm the dismissal of the case, we need not reach Magarian’s contention that the district court erred in granting summary adjudication on his claims for breach of the implied covenant of good faith and fair dealing, and for punitive damages.
Reference
- Full Case Name
- Glenn A. MAGARIAN v. MONARCH LIFE INSURANCE COMPANY Royal Maccabees Life Insurance Company Ntl Life of Vermont, and National Life Insurance Company
- Status
- Published