The Hemmer Group v. Southwest Water Company

MEMORANDUM

The Hemmer Group appeals the district court’s order denying leave to amend its complaint to reopen claims against SouthWest Water Co; under Section 10(b) and Section 20(a) of the Exchange Act of 1934, 15 U.S.C. §§ 78j(b) and 78t(a), as well as the district court’s grant of summary judgment disposing of the Hemmer Group’s claims under Section 11 and Section 15 of the Securities Act of 1933, 15 U.S.C. . §§ 77k and 77o. We affirm.

I

A

The district court did not err when it refused to reopen the Hemmer Group’s Section 10(b) claim. The rule of mandate doctrine provides that “[w]hen a case has been once decided by this court on appeal, and remanded to the [district court], whatever was before this court, and disposed of by its decree, is considered as finally settled.” United States v. Thrasher, 483 F.3d 977, 981 (9th Cir. 2007) (quoting In re Sanford Fork & Tool Co., 160 U.S. 247, 255-56 , 16 S.Ct. 291 , 40 L.Ed. 414 (1895)). Once a claim has been settled by the mandate of the appellate court, the trial court loses discretion to allow amendments to that claim if the mandate “explicitly or impliedly precludes] amendment.” Nguyen v. United States, 792 F.2d 1500, 1503 (9th…