Fazli

MEMORANDUM **

Farhad Fazli appeals the district court’s order granting summary judgment in favor of ConocoPhillips Company with respect to Fazli’s claims under the Petroleum Marketing Practices Act (“PMPA”) and under state law. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

The “law of the case” doctrine did not preclude the district court from entertaining ConocoPhillips’ motion for summary judgment following remand of the action, because our disposition of the prior appeal did not address whether ConocoPhillips had made a bona fide offer to Fazli. 1 See United States ex rel. Lujan v. Hughes Aircraft Co., 243 F.3d 1181, 1186 (9th Cir.2001) (“[t]he doctrine does not apply to issues not addressed by the appellate court”). With respect to the district court’s prior order, when the issue is one that previously was decided by the district court itself, application of the doctrine is discretionary. United States v. Smith, 389 F.3d 944, 949 (9th Cir.2004). “ ‘All rulings of a trial court are subject to revision at any time before the entry of judgment.’ ” Id. (quoting United States v. Houser, 804 F.2d 565, 567 (9th Cir.1986)).

Fazli did not object to admission of…