Roberta Brafman v. Nationwide Mutual Ins Co

MEMORANDUM

The underlying facts of this case involve an insurance coverage dispute between Plaintiff-Appellant Roberta Brafman and Defendant-Appellee Nationwide Mutual Insurance Company. The focus on appeal is the district court’s dismissal of Braf-man’s suit after her attorney, Robert Koehler, failed to timely comply with court orders due to serious illness. Brafman appeals from the district court’s order denying her Motion to Vacate Judgment pursuant to Federal Rule of Civil Procedure 60(b)(1), (6) as untimely. For the reasons stated below, we affirm.

“Denials of motions to vacate the judgment under Rule 60(b) are appealable as final orders under 28 U.S.C. § 1291 .” Jeff D. v. Kempthorne, 365 F.3d 844, 850 (9th Cir.2004).

We review for abuse of discretion a district court’s decision to deny a Rule 60(b) motion. Lal v. California, 610 F.3d 518, 523 (9th Cir.2010) (citing Cal. Dep’t of Soc. Servs. v. Leavitt, 523 F.3d 1025, 1031 (9th Cir.2008)). “A district court abuses its discretion if it does not apply the correct law or if it rests its decision on a clearly erroneous finding of material fact.” Casey v. Albertson’s Inc., 362 F.3d 1254, 1257 (9th Cir.2004) (citing Bateman v.…