Richard Plantan v. Cadida Trust

MEMORANDUM

Plaintiff Richard Plantan, a citizen of Illinois, filed an action in state court alleging six state law claims against Defendants (Efthimia and Michael Lekar, the Lekars’ trust, and James Owens). Defendants, citizens of Nevada, removed the case to federal court. The district court dismissed Plantan’s complaint, awarded Defendants attorney’s fees pursuant to Nev.Rev.Stat. § 17.115, and denied Plantan’s Rule 59(e) motion to amend the attorney’s fees judgment. Plantan appeals from the judgments.

1. Standard, of Review — We review “questions of our own jurisdiction de novo.” Hunt v. Imperial Merchant Servs., Inc., 560 F.3d 1137, 1140 (9th Cir.2009) (citation omitted). We review for abuse of discretion an award of attorney’s fees made pursuant to state law. 389 Orange St. Partners v. Arnold, 179 F.3d 656, 661 (9th Cir.1999).

2. Jurisdiction over Appeal from Judgment on the Merits — The district court entered judgment dismissing Plan-tan’s claims on February 1, 2007. Plantan filed an untimely notice of appeal on August 21, 2009, more than two years later. We therefore lack jurisdiction over Plantan’s appeal on the merits. See Bowles v. Russell, 551 U.S. 205, 209 , 127…