SEC v. Anthony Brandel

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS FEB 7 2020
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
U.S. SECURITIES & EXCHANGE No. 18-16685
COMMISSION,
D.C. No. 2:13-cv-02280-GMN-
Plaintiff-Appellee, PAL
v.
MEMORANDUM*
ANTHONY B. BRANDEL,
Defendant-Appellant.
Appeal from the United States District Court
for the District of Nevada
Gloria M. Navarro, District Judge, Presiding
Submitted February 4, 2020**
Before: FERNANDEZ, SILVERMAN, and TALLMAN, Circuit Judges.
Anthony B. Brandel appeals pro se from the district court’s order denying
his post-judgment motions for reconsideration pursuant to Federal Rule of Civil
Procedure 60 in this civil enforcement action brought by the Securities and
Exchange Commission (“SEC”). We have jurisdiction under 28 U.S.C. § 1291.
*
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).
We review for an abuse of discretion. Sch. Dist. No. 1J Multnomah Cty., Or. v.
ACandS, Inc., 5 F.3d 1255, 1262 (9th Cir. 1993). We affirm.
The district court did not abuse its discretion by denying Brandel’s motions
for reconsideration under Rule 60(b) because Brandel failed to establish any basis
for relief. See id. at 1263 (setting forth grounds for relief under Rule 60(b)).
To the extent that Brandel attempts to challenge the district court’s
underlying summary judgment, we lack jurisdiction because Brandel did not timely
file a notice of appeal as to the underlying judgment, or post-judgment motion that
tolled the time to file a notice of appeal as to the judgment. See Fed. R. App. P.
4(a)(1)(B); 4(a)(4)(A)(vi); Harman v. Harper, 7 F.3d 1455, 1458 (9th Cir. 1993)
(appeal from denial of Rule 60(b) relief does not bring the entire underlying
judgment up for review).
We do not consider documents not presented to the district court. See
United States v. Elias, 921 F.2d 870, 874 (9th Cir. 1990) (“Documents or facts not
presented to the district court are not part of the record on appeal.”).
Brandel’s motion for leave to add supplemental evidence is denied.
AFFIRMED.
2 18-16685