Covelli v. Benson

MEMORANDUM **

Anthony and Patricia Covelli appeal from the district court’s denial of their Rule 59 and Rule 60 motions.

1. The district court did not abuse its discretion by deciding it lacked jurisdiction to consider the Appellants’ untimely Rule 59 motion, as the district court was barred from extending the ten-day filing period for a new trial. See Tillman v. Ass’n of Apartment Owners of Ewa Apartments, 234 F.3d 1087, 1089 (9th Cir.2000). Yanow v. Weyerhaeuser, 274 F.2d 274 (9th Cir.1959), is not controlling because we expressly declined in that case to decide the issue of whether a motion…