Cindy Feinstein v. Service Solutions Group LLC

MEMORANDUM

Cindy King Feinstein appeals the district court’s order denying her motion un der Federal Rule of Civil Procedure 60(b) seeking to reopen her civil action for wrongful termination and gender discrimination. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review the district court’s denial of a Rule 60(b) motion for an abuse of discretion. Latshaw v. Trainer Wortham & Co., 452 F.3d 1097, 1100 (9th Cir.2006). Therefore, we will reverse only if the district court applied the incorrect legal rule, or applied the correct law in a manner that was illogical, implausible, or without support from the record. Ahanchian v. Xenon Pictures, Inc., 624 F.3d 1253, 1258 (9th Cir.2010). Because the district court failed to apply the correct legal rule in this case, we reverse and remand.

Following dismissal of Feinstein’s initial Complaint for failure to state a plausible cause of action, the district court afforded her leave to file an amended complaint by a designated date; however, she failed to do so. Eleven months after the district court’s Order, Feinstein filed a Notice of Substitution of Attorney, and through newly-engaged counsel, filed an Amended Motion to Re-Open Case…