Farhad Fazli v. Conocophillips Company

FILED

NOT FOR PUBLICATION

MAR 04 2010

UNITED STATES COURT OF APPEALS

MOLLY C. DWYER, CLERK

U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

FARHAD FAZLI, etc., No. 08-56789 Plaintiff-Appellant, D.C. No. CV 03-04938 FMC and

MEMORANDUM *

MEHRAN HARIRI, etc.,

Plaintiff,

v.

CONOCOPHILLIPS COMPANY, a Texas Corporation,

Defendant-Counter-claimant- Appellee,

JALIL MAJDI,

Counter-defendant.

Appeal from the United States District Court for the Central District of California Florence Marie Cooper, District Judge, Presiding

Argued and Submitted February 9, 2010 Pasadena, California

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Before: THOMAS and SILVERMAN, Circuit Judges, and FOGEL, District Judge**

Farhad Fazli appeals the district court’s order granting summary judgment in

favor of ConocoPhillips Company with respect to Fazli’s claims under the

Petroleum Marketing Practices Act (“PMPA”) and under state law. We have

jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

The “law of the case” doctrine did not preclude the district court from

entertaining ConocoPhillips’ motion for…