JULIAN SHULMAN V. AMAZON.COM, INC., No. 15-35017 (9th Cir. 2016)

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED NOV 7 2016 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT JULIAN ARI SHULMAN, on his own behalf and on behalf of all others similarly situated, Plaintiff-Appellant, U.S. COURT OF APPEALS No. 15-35017 D.C. No. 2:13-cv-00247-RSM MEMORANDUM* v. AMAZON.COM, INC.; et al., Defendants-Appellees. Appeal from the United States District Court for the Western District of Washington Ricardo S. Martinez, Chief Judge, Presiding Submitted October 25, 2016** Before: LEAVY, GRABER, and CHRISTEN, Circuit Judges. Julian Ari Shulman appeals from the district court’s order denying his motions for relief from final judgment in his action under the Family Medical * 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). Accordingly, Shulman’s request for oral argument, set forth in his reply brief, is denied. Leave Act. We have jurisdiction under 28 U.S.C. § 1291. 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 in denying Shulman’s motion for relief from judgment because Shulman failed to demonstrate any grounds for such relief based on his new evidence. See Fed. R. Civ. P. 60(b)(2); see also Coastal Transfer Co. v. Toyota Motor Sales, U.S.A., 833 F.2d 208, 212 (9th Cir. 1987) (setting forth grounds for reconsideration under Rule 60(b)(2)). We do not consider matters not specifically and distinctly raised and argued in the opening brief. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009). We lack jurisdiction to review Shulman’s challenges to the district court’s order granting Amazon’s motion to dismiss because Shulman failed to file a timely notice of appeal or a timely post-judgment tolling motion after the district court entered judgment on May 30, 2013. See Fed. R. App. P. 4(a)(1)(A) (notice of appeal must be filed within 30 days after entry of judgment); see also Whitaker v. Garcetti, 486 F.3d 572, 585 (9th Cir. 2007). AFFIRMED. 2 15-35017

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