Anthony Coss v. Tiffany & Bosco, Pa

CourtCourt of Appeals for the Ninth Circuit

DecidedJuly 17, 2020

Docket19-15240

StatusUnpublished

This text of Anthony Coss v. Tiffany & Bosco, Pa (Anthony Coss v. Tiffany & Bosco, Pa) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Anthony Coss v. Tiffany & Bosco, Pa, (9th Cir. 2020).

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Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUL 17 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

ANTHONY A. COSS, No. 19-15240

Plaintiff-Appellant, D.C. No. 4:16-cv-00576-CKJ

v. MEMORANDUM* TIFFANY & BOSCO, PA; et al.,

Defendants-Appellees.

Appeal from the United States District Court for the District of Arizona Cindy K. Jorgenson, District Judge, Presiding

Submitted July 14, 2020**

Before: CANBY, FRIEDLAND, and R. NELSON, Circuit Judges.

Anthony A. Coss appeals pro se from the district court’s judgment

dismissing his action alleging federal and state law claims arising out of

foreclosure proceedings. We have jurisdiction under 28 U.S.C. § 1291. We

review for an abuse of discretion a dismissal for failure to prosecute, Al-Torki v.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Coss’s request for oral argument, set forth in the opening brief, is denied. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Kaempen, 78 F.3d 1381, 1384 (9th Cir. 1996), and we affirm.

The district court did not abuse its discretion by dismissing Coss’s claim

against defendants Tiffany & Bosco, P.A. and David Cowles for failure to

prosecute because Coss failed to comply with the district court’s order that directed

him to serve these defendants and warned that failure to comply could result in a

dismissal. See id. (discussing factors that courts must consider in determining

whether to dismiss for failure to prosecute). We reject as meritless Coss’s

contention that the district court’s order was ambiguous due to a typographical

error as to which party to serve.

The district court did not abuse its discretion by denying Coss’s motion for

reconsideration because Coss failed to demonstrate any basis for such relief. See

Sch. Dist. No. 1J, Multnomah Cty., Or. v. ACandS, Inc., 5 F.3d 1255, 1262-63 (9th

Cir. 1993) (standard of review and grounds for relief under Fed. R. Civ. P. 59(e)

and 60(b)).

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).

AFFIRMED.

2 19-15240

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NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUL 17 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

ANTHONY A. COSS, No. 19-15240

Plaintiff-Appellant, D.C. No. 4:16-cv-00576-CKJ

v. MEMORANDUM* TIFFANY & BOSCO, PA; et al.,

Defendants-Appellees.

Appeal from the United States District Court for the District of Arizona Cindy K. Jorgenson, District Judge, Presiding

Submitted July 14, 2020**

Before: CANBY, FRIEDLAND, and R. NELSON, Circuit Judges.

Anthony A. Coss appeals pro se from the district court’s judgment

dismissing his action alleging federal and state law claims arising out of

foreclosure proceedings. We have jurisdiction under 28 U.S.C. § 1291. We

review for an abuse of discretion a dismissal for failure to prosecute, Al-Torki v.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Coss’s request for oral argument, set forth in the opening brief, is denied. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Kaempen, 78 F.3d 1381, 1384 (9th Cir. 1996), and we affirm.

The district court did not abuse its discretion by dismissing Coss’s claim

against defendants Tiffany & Bosco, P.A. and David Cowles for failure to

prosecute because Coss failed to comply with the district court’s order that directed

him to serve these defendants and warned that failure to comply could result in a

dismissal. See id. (discussing factors that courts must consider in determining

whether to dismiss for failure to prosecute). We reject as meritless Coss’s

contention that the district court’s order was ambiguous due to a typographical

error as to which party to serve.

The district court did not abuse its discretion by denying Coss’s motion for

reconsideration because Coss failed to demonstrate any basis for such relief. See

Sch. Dist. No. 1J, Multnomah Cty., Or. v. ACandS, Inc., 5 F.3d 1255, 1262-63 (9th

Cir. 1993) (standard of review and grounds for relief under Fed. R. Civ. P. 59(e)

and 60(b)).

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).

AFFIRMED.

2 19-15240

Related

School District No. 1j, Multnomah County, Oregon v. Acands, Inc., a Pennsylvania Corporation E.J. Bartells Company, a Washington Corporation A.P. Green Refractories Company, School District No. 1j, Multnomah County, Oregon v. Acands, Inc., a Pennsylvania Corporation, and Fibreboard Corp., a Delaware Corporation as Successor in Interest to the Paraffine Companies, Inc., Pabco Products, Inc., Fibreboard Paper Products Corporation, Plant Rubber & Asbestos Works and Plant Rubber & Asbestos Co., School District No. 1j, Multnomah County, Oregon v. Acands, Inc., a Pennsylvania Corporation Armstrong Cork Company, Inc., a Delaware Corporation Atlas Asbestos Company, Inc., a Canadian Corporation, and Keene Corporation, a New York Corporation Individually and as Successor in Interest to the Baldwin Ehret Hill Company, School District No. 1j, Multnomah County, Oregon v. Acands, Inc., a Pennsylvania Corporation Armstrong Cork Company, Inc., a Delaware Corporation Atlas Asbestos Company, Inc., a Canadian Corporation, and Us Gypsum Company, a Delaware Corporation, School District No. 1j, Multnomah County, Oregon v. Acands, Inc., a Pennsylvania Corporation Armstrong Cork Company, Inc., a Delaware Corporation Atlas Asbestos Company, Inc., a Canadian Corporation, and Owens-Corning Fiberglass Corporation, School District No. 1j, Multnomah County, Oregon v. Acands, Inc., a Pennsylvania Corporation Armstrong Cork Company, Inc., a Delaware Corporation Atlas Asbestos Company, Inc., a Canadian Corporation, and Flintkote Company, a Delaware Corporation, School District No. 1j, Multnomah County, Oregon v. Acands, Inc., a Pennsylvania Corporation Atlas Asbestos Company, Inc., a Canadian Corporation, and Armstrong Cork Company, Inc., a Delaware Corporation

5 F.3d 1255 (Ninth Circuit, 1993)

Ahmed Al-Torki, Plaintiff-Counter-Defendant-Appellant v. Dr. Charles E. Kaempen, Defendant-Counter-Claimant-Appellee v. Inger M. Kaempen Kaempen & Associates

78 F.3d 1381 (Ninth Circuit, 1996)

Padgett v. Wright

587 F.3d 983 (Ninth Circuit, 2009)

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