Tutor-Saliba-Perini Jv v. Laborers International Union Local 300

34 F.3d 1074 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. TUTOR-SALIBA-PERINI JV, Plaintiff-Appellant, v. LABORERS INTERNATIONAL UNION LOCAL 300, Defendant-Appellee. No. 93-55329. United States Court of Appeals, Ninth Circuit. Submitted Aug. 3, 1994. 1 Decided Aug. 29, 1994. 1 Before: O'SCANNLAIN and T.G. NELSON, Circuit Judges, and MERHIGE, Senior District Judge. 2 MEMORANDUM 3 2 Appellant Tutor-Saliba-Perini JV appeals from the district court's order dismissing the cause without prejudice. After appellant sought, without leave of court, to amend the original complaint so as to drop the original plaintiff, substitute the original defendant as the new plaintiff, and add a different defendant, the court ordered the parties to show cause why the matter should not be dismissed. After a hearing, the district court dismissed the action without prejudice. At the time of the district court's dismissal order, the statute of limitations on the action to vacate the underlying…