Artem Koshkalda v. Seiko Epson Corporation ( 2020 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS SEP 15 2020
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
ARTEM KOSHKALDA, individually and No. 19-56187
as sole Shareholder and Transferee of ART,
LLC, D.C. No. 2:18-cv-05087-FMO-
AGR
Plaintiff-Appellant,
v. MEMORANDUM*
SEIKO EPSON CORPORATION; et al.,
Defendants-Appellees,
and
E. LYNN SCHOENMANN,
Trustee.
Appeal from the United States District Court
for the Central District of California
Fernando M. Olguin, District Judge, Presiding
Submitted September 8, 2020**
Before: TASHIMA, SILVERMAN, and OWENS, Circuit Judges.
*
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).
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).
AFFIRMED.
2 19-56187