Pack

MEMORANDUM **

This case arises from allegedly fraudulent statements regarding the “network costs per subscriber per month” of Freei Networks, Inc., a provider of free internet access and related services. Robert Pack alleges that defendants McCausland, Menninger and Stevens told him that Freei’s costs per subscriber per month were $1.50 when, in fact, they were $5.00. As a result, Pack invested $1.5 million in Freei which he lost when Freei filed for bank *543 ruptcy. Pack appeals from the district court’s grant of summary judgment in favor of Stevens 1 and the denial of a request to amend his complaint to allege misrepresentations made in 1999. We affirm in part and vacate in part.

We review summary judgment de novo. DuBois v. Ass’n of Apartment Owners of 2987 Kalakaua, 458 F.3d 1175, 1178 (9th Cir.2006). In his brief opposing summary judgment, Pack conceded that his claims against Stevens were based solely on misrepresentations made in 1999 while the claims in the operative complaint were limited to misrepresentations made in 2000. On appeal, Pack argues that his concession was a mistake and that the court erred by not considering a number of alternate theories of liability.…