Carone

MEMORANDUM *

Richard Carone appeals the district court’s decision to grant summary judgment on the issues of liability and damages in favor of Retamco Operating, Inc. He appeals also the district court’s denial of his post-judgment motions.

We review de novo a district court’s decision to grant summary judgment. Qwest Commc’ns, Inc. v. City of Berkeley, 433 F.3d 1253 , 1256 (9th Cir.2006). We review for abuse of discretion a district court’s decision to deny a motion to amend a judgment filed pursuant to Rule 59(e). McQuillion v. Duncan, 342 F.3d 1012, 1014 (9th Cir.2003).

1. Issue Preclusion

We review de novo the applicability of issue preclusion. Far Out Prods., Inc. v. Oskar, 247 F.3d 986 , 993 (9th Cir.2001). The Full Faith and Credit statute, 28 U.S.C. § 1738 , requires a federal court to apply a state court judgment to the full and same extent as the rendering state would apply it. In Texas, issue preclusion applies when an issue decided in the first action is actually litigated, essential to the prior judgment, and identical to an issue in a pending action. Tex. Dep’t of Pub. Safety v. Petto, 44 S.W.3d 575, 579 (Tex.2001).

Retamco’s Texas state court complaint pled…