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LAL v. CALIFORNIA

No. 08-15645.

610 F.3d 518 (2010)

Shelly LAL, individually and in her representative capacity on behalf of the Estate of Kamal L. Lal, decedent, and in her representative capacity as guardian ad litem for Sagar Lal; Estate of Kamal L. Lal; Sagar Lal, a minor, Plaintiffs-Appellants, v. STATE OF CALIFORNIA; California Highway Patrol; Frank Newman; Matthew Otterby, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 25, 2010.

Attorney(s) appearing for the Case

Sydney E. Fairbairn, Novato, CA, Charles Stephen Ralston, East Chatham, NY, for the appellants.

Thomas A. Blake, John P. Devine, Office of the California Attorney General, San Francisco, CA, for the appellees.

Opinion by Judge WILLIAM A. FLETCHER; Dissent by Judge HALL.

WILLIAM A. FLETCHER, Circuit Judge:

Shelly Lal brought suit against the California Highway Patrol ("CHP") and officers Frank Newman and Matthew Otterby (collectively, "Defendants") for the shooting death of her husband. The district court dismissed her case with prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute when her attorney failed to meet deadlines and attend hearings. When Lal later learned...

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