Grant

Grant v. Baetz

Good Law
225 F. App'x 471
United States Court of Appeals for the Ninth CircuitMarch 14, 2007No. 05-55936California261 words

Opinion

Lead Opinion

MEMORANDUM **

Eric Grant appeals the district court’s orders granting defendants’ motion for judgment on the pleadings as to his securi *472 ties claims and denying plaintiffs motion to alter, amend, or vacate the judgment and motion for leave to file an amended complaint. For the reasons stated in the Memorandum Disposition disposing of the related case of Plestina v. Baetz, — Fed. Appx.—(9th Cir.2007), we affirm.

Grant failed to move to amend under Rule 15(a), in compliance with local rules, until after judgment had been entered, 1 at which point the district court lacked the authority to review a Rule 15(a) motion unless the court reopened the 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 Cir.2001). To permit Grant to amend the complaint post-judgment — in light of his four-year pattern of dilatory tactics and failure to move to amend his complaint prior to entry of judgment — would defeat Rule 59’s limitations on reopening judgments.…

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