Page:Gripe v. City of Enid.pdf/7

 order of the court, Fed. R. Civ. P. 41(b). As stated in an en banc opinion of this court, Rule 16(f) "indicates the intent to give courts very broad discretion to use sanctions where necessary to insure . . . that lawyers and parties . . . fulfill their high duty to insure the expeditious and sound management of the preparation of cases for trial." , 744 F.2d 1438, 1440 (10th Cir. 1984) (en banc).

We review for an abuse of discretion the district court’s decision to impose the sanction of dismissal for failure to follow court orders and rules. , 70 F.3d 1172, 1174 (10th Cir. 1995). "It is within a court’s discretion to dismiss a case if, after considering all the relevant factors, it concludes that dismissal alone would satisfy the interests of justice." , 965 F.2d 916, 918 (10th Cir. 1992). Before imposing dismissal as a sanction, a district court should ordinarily evaluate the following factors on the record: "(1) the degree of actual prejudice to the [other party]; (2) the amount of interference with the judicial process; . . . (3) the culpability of the litigant; (4) whether the court warned the party in advance that dismissal of the action would be a likely sanction for noncompliance; and (5) the efficacy of lesser sanctions." at 921 (internal quotation marks and citations omitted) (dismissing case as sanction for discovery violation). Although involved sanctions for discovery violations, we -7-