Legal Opinion

Molski v. Pismo Bowl

Court of Appeals for the Ninth Circuit

Decided September 25, 2007No. 05-56053Published

1Opinion of the Court

MEMORANDUM **

This appeal arises from the oral, sua sponte order of Judge Manuel L. Real dismissing Appellants’ action for lack of prosecution resulting from their failure to lodge a pre-trial conference order. After a hearing before the district court, the motion to withdraw the order was denied without any real explanation.

Appellant Jarek Molski is a physically disabled litigant who has filed hundreds of lawsuits under the Americans With Disabilities Act (the “ADA”), 42 U.S.C. § 12101 et seq., and similar California state statutes. We recently upheld a district court order in a separate…

2Cases cited9 opinions

  1. Link v. Wabash RailroadSupreme Court of the United States · 1962
  2. Ann J. Malone v. United States Postal Service, an Agency of the United StatesCourt of Appeals for the Ninth Circuit · 1987
  3. Henderson v. DuncanCourt of Appeals for the Ninth Circuit · 1986
  4. Alphonso Thompson v. The Housing Authority of the City of Los Angeles, a Public CorporationCourt of Appeals for the Ninth Circuit · 1986
  5. In Re William EISEN, Debtor. Richard MONEYMAKER, Appellant, v. Melvyn J. CoBEN, AppelleeCourt of Appeals for the Ninth Circuit · 1994

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