KOSHKALDA LLC v. E. Lynn Schoenmann, Trustee. (2020)
United States Court of Appeals, Ninth Circuit.
Artem KOSHKALDA, individually and as sole Shareholder and Transferee of Art, LLC, Plaintiff-Appellant, v. SEIKO EPSON CORPORATION; et al., Defendants-Appellees, E. Lynn Schoenmann, Trustee.
Decided: September 15, 2020
Before: TASHIMA, SILVERMAN, and OWENS, Circuit Judges.
Artem Koshkalda, Pro Se J. Andrew Coombs, J. Andrew Coombs, A P.C., Glendale, CA, Henry David, Attorney, Hayim Mayer Gamzo, The David Firm, Los Angeles, CA, Annie S. Wang, Wang Law Corporation, La Canada Flintridge, CA, for Defendants - Appellees
Artem Koshkalda appeals pro se from the district court's orders denying his motions to set aside his voluntary dismissal of this action. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion the district court's ruling on motions brought under Federal Rule of Civil Procedure 60(b). Valdivia v. Schwarzenegger, 599 F.3d 984, 988 (9th Cir. 2010). We affirm.
The district court did not abuse its discretion in denying Koshkalda's Rule 60(b) motions to set aside the bankruptcy trustee's voluntary dismissal of this action because Koshkalda presented no basis for such relief. See Fed. R. Civ. P. 60(b); United States v. Alpine Land & Reservoir Co., 984 F.2d 1047, 1049 (9th Cir. 1993) (explaining that Rule 60(b)(6) relief has been used “sparingly” and requires “extraordinary circumstances”).
We do not consider Koshkalda's contentions challenging rulings in his bankruptcy case because such a challenge is outside the scope of this appeal.
We do not consider matters not specifically and distinctly raised and argued in the opening brief, or arguments and allegations raised for the first time on appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
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