David Chandler v. the Neiman Marcus Group, Inc.

MEMORANDUM

David Chandler (real name Tarek Abdo) appeals the denial of his motion for a new trial following entry of judgment in his negligence and premises liability action against the Neiman Marcus Group, Inc.

We lack jurisdiction over Chandler’s appeal because he filed it more than 30 days after the district court’s entry of final judgment. See Fed. R. App. P. 4(a)(1)(A); United States v. Sadler, 480 F.3d 932, 936-37 (9th Cir. 2007). Chandler is incorrect that his motion for a new trial extended the deadline to file his notice of appeal, because his new trial motion was itself untimely. See Fed. R. App. P. 4(a)(4)(A); Fed. R. Civ. P. 59(b). Nor do we have jurisdiction over Chandler’s appeal of the order denying his new trial motion, because the district court lacked jurisdiction to decide the motion in the first instance. See Tillman v. Ass’n of Apartment Owners of Ewa Apartments, 234 F.3d 1087, 1089 (9th Cir. 2000).

Chandler’s contention that the district court extended the filing deadline for Rule 59(b) motions, thereby rendering both his motion and this appeal timely, fails on the law as well as the facts. A district court may not extend the deadline to file a new trial…