Thompson
Thompson v. National Mediation Board
Opinion
Lead Opinion
*850 MEMORANDUM **
Keith J. Thompson appeals pro se the district court’s order dismissing as untimely his action seeking judicial review of an arbitrator’s award, and the district court’s order denying reconsideration. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We vacate and remand.
We review de novo dismissal based on statutes of limitations. Papa v. United States, 281 F.3d 1004, 1009 (9th Cir.2002). We review for abuse of discretion a district court’s decision whether to allow relation back of an amendment adding or substituting a defendant, Eaglesmith v. Ward, 73 F.3d 857, 860 (9th Cir.1995), and whether to grant reconsideration, Kona Enter., Inc. v. Estate of Bishop, 229 F.3d 877 , 883 (9th Cir.2000).
An amended complaint naming a new party relates back to the filing date of the original complaint if it arose from the same conduct or transaction, and within 120 days of the original complaint, the new party had notice of the litigation such that it would not be prejudiced, and knew or should have known it was the proper defendant. See Fed.R.Civ.P. 15(c); G.F. Co. v. Pan Ocean Shipping Co. Ltd., 23 F.3d 1498,1501 (9th Cir.1994).