MacKenzie

MEMORANDUM *

Robert A. MacKenzie, trustee for the bankruptcy estate of Wavo Corporation, appeals the district court’s dismissal of his lawsuit against certain former directors and officers of Wavo, their spouses, and a company owned by Wavo’s former chief executive (collectively, “Deeds”). The parties are familiar with the facts; we proceed to the law.

Deeds fails to persuade that the trustee’s appeal is untimely. The trustee’s motion to the district court for reconsideration, whether or not procedurally valid, tolled the time for appeal from the original order of dismissal. See, e.g., Feldman v. Allstate Ins. Co., 322 F.3d 660, 665 (9th Cir .2003).

We review the district court’s order of dismissal, not its denial of the motion to reconsider. See Oliva v. Sullivan, 958 F.2d 272, 273 (9th Cir.1992). We review for abuse of discretion. Malone v. U.S. Postal Service, 833 F.2d 128, 130 (9th Cir. 1987). We will reverse only if we have “ ‘a definite and firm conviction that the court below committed a clear error of judgment in the conclusion it reached upon a weighing of the relevant factors.’ ” Anderson v. Air West, Inc., 542 F.2d 522, 524 (9th Cir.1976) (quoting In re Josephson,…