Plestina

Plestina v. Baetz

Good Law
225 F. App'x 470
United States Court of Appeals for the Ninth CircuitMarch 14, 2007No. 05-56089California379 words

Opinion

Lead Opinion

MEMORANDUM **

This case involves the tail-end of an action to recover for alleged securities violations. Richard Plestina appeals the district court’s orders granting defendants’ motion for judgment on the pleadings as to his securities claims and denying plaintiffs motion to alter, amend, or vacate the judgment and motion for leave to file an amended complaint.

Plestina does not contest that his pleadings were insufficient to withstand defendants’ motion for judgment under Federal Rule of Civil Procedure 12(c). Rather, his sole assertion is that the district court should have allowed him to amend the complaint as to his securities claims. But Plestina failed to move to amend under Rule 15(a), in compliance with local rules, until after judgment had been entered. Once judgment was entered, the district court lacked the authority to review a Rule 15(a) motion unless the court reopened the *471 judgment pursuant to Rule 59(e). See Weeks v. Bayer, 246 F.3d 1231, 1236 (9th Cir.2001); Lindauer v. Rogers, 91 F.3d 1355, 1357 (9th Cir.1996).

The district court did not abuse its discretion in denying plaintiffs Rule 59(e) motion. See Zimmerman v. City of Oakland, 255 F.3d 734, 737 (9th…

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