Christine Wolf v. Loring Ward International, Ltd

MEMORANDUM

Christine Wolf (“Wolf’) appeals the district court’s denial of her Motion for Relief from the Dismissal. We reverse, because the district court did not properly identify the Pioneer-Briones standard or conduct the analysis set forth in that standard. Lemoge v. United States, 587 F.3d 1188, 1192 (9th Cir.2009).

After the district court dismissed her case for lack of subject matter jurisdiction, Wolf filed her Rule 60(b) Motion for Relief for “excusable neglect.” “A district court’s denial of relief from a final judgment, order, or proceeding under Federal Rule of Procedure 60(b) is reviewed for abuse of discretion.” Id. at 1191-92 . The Supreme Court has set forth an equitable analysis for determining whether a party is entitled to relief for excusable neglect under Rule 60(b)(1). Pioneer Inv. Servs. Co. v. Brunswick Assocs., Ltd. P’ship, 507 U.S. 380, 395 , 113 S.Ct. 1489 , 123 L.Ed.2d 74 (1993); see also Briones v. Riviera Hotel & Casino, 116 F.3d 379, 381 (9th Cir.1997). A district court abuses its discretion when it fails to identify the standard set out in Pioneer and Briones and fails to analyze the motion before it under that standard. Lemoge, 587 F.3d at 1193 .…