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, 696 F. App'x 848

MEMORANDUM 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. xhiS disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.