Charles Fowler, Jr. v. At & T Corp. Ed Wall Bob Alvarez

64 F.3d 666 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Charles FOWLER, Jr., Plaintiff-Appellant, v. AT & T CORP.; Ed Wall; Bob Alvarez, Defendants-Appellees. No. 94-55333. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 11, 1995. Decided Aug. 18, 1995. Before: THOMPSON, LEAVY and TROTT, Circuit Judges. 1 MEMORANDUM * 2 Charles Fowler, Jr. appeals the district court's denial of his motion for leave to amend his first amended complaint in his action against American Telephone and Telegraph Co., Ed Wall and Bob Alvarez (collectively AT & T). We affirm. 3 Fowler's notice of appeal was timely filed. After the district court granted summary judgment on August 30, 1993, Fowler served a Federal Rule of Civil Procedure 59(e) motion on September 14, 1993. Although the motion was not filed until September 27, it was still timely because (1) Rule 59(e) contains a service, not a filing, deadline, and (2) Rule 6(a) excludes weekends and holidays in…