Finding ABF Capital Corp. v. Osley (9th Cir. 2005) 414 F.3d 1061 a helpful guide, this decision holds that a premature post-trial motion neither shortens nor extends the time for appeal.  Here, the district court failed to enter a Rule 58 separate judgment, so judgment was deemed entered 150 days after the order disposing of the action was docketed.  By the expiration of the 150-day period, plaintiff had already (prematurely) filed a Rule 59 motion to alter or amend the judgment and the motion had been denied.  As a result, plaintiff’s appeal time expired 30 days after judgment was deemed entered.  The premature Rule 59 motion did not extend the appeal deadline or save plaintiff’s appeal.  The decision also holds that since the notice of appeal specifically referenced two orders copies of which were attached to the notice of appeal, the appeal was limited to those orders; appellant could not attack other orders that the notice of appeal did not mention.

 Ninth Circuit Court of Appeals (Rawlinson, J.); June 7, 2018; 2018 U.S. App. LEXIS 15367