Legal Opinion

Thayer C. Lindauer and Helen Lindauer, Husband and Wife v. Thomas M. Rogers

Court of Appeals for the Ninth Circuit

Decided September 4, 1996No. 94-16110PublishedCited by 62 opinions

1Opinion of the Court

LEAVY, Circuit Judge:

OVERVIEW

Thayer and Helen Lindauer appeal the district court’s order striking their motion for leave to file a second amended complaint following an order granting summary judgment in favor of Thomas Rogers and dismissing the Lindauers’ action with prejudice. 1 In this appeal, we must decide under what circumstances a district court may consider a Rule 15(a) motion to amend a complaint after entering judgment in the case. We hold that, after final judgment has been entered, a Rule 15(a) motion may be considered only if the judgment is first reopened under Rule 59 or 60. We…

2Cases cited6 opinions

  1. John W. Dussouy, Jr. v. Gulf Coast Investment CorporationCourt of Appeals for the Fifth Circuit · 1981
  2. Leslie D. COLLINS, Plaintiff-Appellant, v. CITY OF SAN DIEGO, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1988
  3. Jarvis v. ReganCourt of Appeals for the Ninth Circuit · 1987
  4. Ruby Helm v. Resolution Trust Corporation, as Receiver for Great American Savings of Oak ParkCourt of Appeals for the Seventh Circuit · 1996
  5. Joan Evans Wilburn v. Pepsi-Cola Bottling Company of St. LouisCourt of Appeals for the Eighth Circuit · 1974

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3Cited by62 opinions

  1. Sidney Morse v. R. Clayton McWhorterCourt of Appeals for the Sixth Circuit · 2002
  2. United States v. Charles M. McInteerCourt of Appeals for the Eleventh Circuit · 2006
  3. Jacobs v. Tempur-Pedic International, Inc.Court of Appeals for the Eleventh Circuit · 2010
  4. Navajo Nation v. Department of the InteriorCourt of Appeals for the Ninth Circuit · 2017
  5. George M. Weeks, III v. Robert Bayer, Individually and in His Capacity as Director, Nevada Department of PrisonsCourt of Appeals for the Ninth Circuit · 2001

57 more not listed; retrieve them via the Exa API.

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