MEMORANDUM

Michael A. Boyle (Boyle) appeals the trial court’s order denying his motion for a new trial.

“To establish that the district court abused its discretion in denying [his] motion for a new trial based upon the newly discovered evidence, the appellant[] must show that [he] discovered the evidence after trial, that [he] could not have discovered the evidence sooner through the exercise of reasonable diligence, and that the new evidence is of such magnitude that it would likely have changed the outcome of the case.” Far Out Productions, Inc. v. Oskar, 247 F.3d 986, 998 (9th Cir.2001) (citation omitted).

' Boyle’s newly discovered evidence consisted of Encompass Teleservices, Inc.’s financial records that, according to Boyle, revealed an erroneous accounting of a $500,000 loan Boyle made to Encompass. However, as the secretary for Encompass, Boyle maintained the financial records and had access to the documents he now asserts are newly discovered. Because Boyle previously had access to these documents, they cannot be fairly characterized as newly discovered, and the trial court acted within its discretion when it denied Boyle’s motion. “Evidence is not newly discovered if it was in the party’s possession at the time of [the] judgment or could have been discovered with reasonable diligence.” Wallis v. J.R. Simplot Co., 26 F.3d 885 , 892 n. 6 (9th Cir.1994), as amended, (citation omitted).

Boyle’s assertion that the trial judge erred in permitting Randall Scheets to amend his pretrial order lacks merit. The trial judge never entered a final pretrial order. Boyle cannot be prejudiced by an order that was never entered.

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.