Million (Far East) Ltd. v. Lincoln Provisions Inc.

MEMORANDUM

Third-party Appellant-Defendant Philip Wolfstein (‘Wolfstein”) appeals the district court’s order denying as untimely his Federal Rule of Civil Procedure 60(b) (“Rule 60(b)”) motion for relief from default judgment. Because the parties are familiar with the facts and procedural history of the case, we repeat only those facts necessary to resolve the issues raised on appeal. To the extent that Wolfstein’s motion is not untimely, it fails on the merits, and we affirm.

1. Rule 60(b)(1), (3), and (6)

Wolfstein first argues that the district court erred in denying his Rule 60(b) motion as untimely. Motions to set aside the judgment under Rule 60(b)(1), (3), and (6) must be brought within a reasonable time. Fed.R.Civ.P. 60(c)(1); Lemoge v. United States, 587 F.3d 1188, 1196 (9th Cir.2009). “What constitutes ‘reasonable time’ depends upon the facts of each case, taking into consideration the interest in finality, the reason for delay, the practical ability of the litigant to learn earlier of the grounds relied upon, and prejudice to the other parties.” Lemoge, 587 F.3d at 1196 . Even accounting for Wolfstein’s pro se status, the district court did not abuse its discretion…