Opinion
No. 05-56950.
The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed February 27, 2007.
Laura C. Koscki, Seal Beach, CA, pro se.
Alexandra A. Roje, Esq., Latham Watkins, LLP, Los Angeles, CA, for Defendant-Appellee.
Appeal from the United States District Court for the Central District of California; John F. Walter, District Judge, Pre-siding. D.C. No. CV-04-01093-JFW.
Before: BEEZER, FERNANDEZ, and McKEOWN, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Laura Koscki appeals pro se from the district court's order rejecting her motion to reconsider its order dismissing her action against her former employer, Consolidated Freightways Corporation of Delaware. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review for an abuse of discretion, Casey v. Albertson's Inc., 362 F.3d 1254, 1257 (9th Cir. 2004), and we affirm.
The district court did not abuse its discretion in refusing to reconsider its judgment dismissing Koscki's action with prejudice, where Koscki's counsel requested dismissal with prejudice and Koscki filed her motion to reconsider 9 months after judgment was entered. See Fed.R.Civ.P. 59(e) ("Any motion to alter or amend a judgment shall be filed no later than 10 days after entry of the judgment."); Fed.R.Civ.P. 60(b) (motion for relief from judgment must demonstrate, inter alia, mistake, newly discovered evidence, fraud of an adverse party, or another reason justifying relief).