Satinderjit Chadha v. Jpmorgan Chase Bank, N.A. ( 2019 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JAN 24 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
SATINDERJIT CHADHA, No. 18-55530
Plaintiff-Appellant, D.C. No. 2:17-cv-05641-SJO-
MRW
v.
JPMORGAN CHASE BANK, N.A.; et al., MEMORANDUM*
Defendants-Appellees.
Appeal from the United States District Court
for the Central District of California
S. James Otero, District Judge, Presiding
Submitted January 15, 2019**
Before: TROTT, TALLMAN, and CALLAHAN, Circuit Judges.
Satinderjit Chadha appeals from the district court’s judgment dismissing his
foreclosure action under Federal Rule of Civil Procedure 41(b) for failure to file an
amended complaint. We have jurisdiction under 28 U.S.C. § 1291. We affirm.
The district court dismissed Chadha’s action for failure to prosecute under
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Rule 41(b). Because Chadha’s opening brief does not raise this issue, Chadha has
waived any challenge to the district court’s dismissal of his action. See Fields v.
Palmdale Sch. Dist., 427 F.3d 1197, 1203 n.6 (9th Cir. 2005) (concluding that, by
failing to raise the issue in their opening brief, the plaintiffs waived their challenge
to the district court’s decision not to exercise supplemental jurisdiction over their
remaining state law claims); Indep. Towers of Wash. v. Washington, 350 F.3d 925,
929 (9th Cir. 2003) (“[W]e will not consider any claims that were not actually
argued in appellant’s opening brief.”); Smith v. Marsh, 194 F.3d 1045, 1052 (9th
Cir. 1999) (“[O]n appeal, arguments not raised by a party in its opening brief are
deemed waived.”).
AFFIRMED.
2 18-55530