Kenneth Sylvester v. Merchants Credit Corporation

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS OCT 20 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

KENNETH S. SYLVESTER; LISA ANN No. 21-35101

SYLVESTER,

D.C. No. 2:17-cv-00168-TSZ Plaintiffs-Appellees,

v. MEMORANDUM*

MERCHANTS CREDIT CORPORATION,

DBA Merchants Credit Association,

Defendant-Appellant.

Appeal from the United States District Court for the Western District of Washington Thomas S. Zilly, District Judge, Presiding

Argued and Submitted August 30, 2021 Seattle, Washington

Before: HAWKINS, McKEOWN, and GOULD, Circuit Judges.

This appeal arises from the district court’s denial of Appellant Merchants

Credit Corporation’s (“Merchants”) motion for relief from judgment under Federal

Rule of Civil Procedure 60(b)(6). Appellant contends that the district court abused

its discretion by denying Merchants’ Rule 60(b)(6) motion because Merchants’ prior

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. counsel was grossly negligent with his…