Narrative Opinion Summary
Laura Koscki appeals the district court's denial of her motion to reconsider the dismissal of her case against Consolidated Freightways Corporation of Delaware. The Ninth Circuit has jurisdiction under 28 U.S.C. § 1291 and reviews the case for abuse of discretion. The court affirms the district court's decision, stating that it did not abuse its discretion in dismissing Koscki's action with prejudice, especially since Koscki's counsel had requested this dismissal and the motion to reconsider was filed nine months after the judgment. According to Federal Rules of Civil Procedure, a motion to alter or amend a judgment must be filed within ten days of the judgment, and a motion for relief must show reasons such as mistake, newly discovered evidence, or fraud. The court concludes the appeal with an affirmation of the lower court's ruling, noting that the disposition is not suitable for publication and does not serve as precedent, except as stated in 9th Cir. R. 36-3.
Legal Issues Addressed
Appellate Jurisdiction under 28 U.S.C. § 1291subscribe to see similar legal issues
Application: The Ninth Circuit exercises jurisdiction over the appeal as it reviews the district court's decision under 28 U.S.C. § 1291.
Reasoning: The Ninth Circuit has jurisdiction under 28 U.S.C. § 1291 and reviews the case for abuse of discretion.
Dismissal with Prejudice upon Party's Requestsubscribe to see similar legal issues
Application: The district court's decision to dismiss the case with prejudice was upheld because it was made at the request of Koscki's counsel.
Reasoning: The court affirms the district court's decision, stating that it did not abuse its discretion in dismissing Koscki's action with prejudice, especially since Koscki's counsel had requested this dismissal.
Non-Precedential Dispositionssubscribe to see similar legal issues
Application: The court notes that its disposition is not suitable for publication and does not serve as precedent, except as stated in Ninth Circuit Rule 36-3.
Reasoning: The court concludes the appeal with an affirmation of the lower court's ruling, noting that the disposition is not suitable for publication and does not serve as precedent, except as stated in 9th Cir. R. 36-3.
Standard of Review for Abuse of Discretionsubscribe to see similar legal issues
Application: The appellate court reviews the district court's decision to deny the motion for reconsideration for abuse of discretion.
Reasoning: The court affirms the district court's decision, stating that it did not abuse its discretion in dismissing Koscki's action with prejudice.
Timeliness of Motion to Alter or Amend Judgmentsubscribe to see similar legal issues
Application: A motion to alter or amend a judgment must be filed within ten days of the judgment, and Koscki's motion was filed nine months after the judgment.
Reasoning: According to Federal Rules of Civil Procedure, a motion to alter or amend a judgment must be filed within ten days of the judgment, and a motion for relief must show reasons such as mistake, newly discovered evidence, or fraud.