Marie Minns v. James Peake

MEMORANDUM

Marie Minns appeals the district court’s denial of her Fed.R.Civ.P. 60(b)(1) and (b)(6) motion for relief from judgment in her Title VII action alleging race discrimination and retaliation arising from her employment as a nurse case manager for the Veterans Administration. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

The district court did not abuse its discretion by denying Minns’ motion for relief under Rule 60(b)(1). First, the district court applied the correct legal rule—the four-factor test established by Pioneer Investment Services Co. v. Brunswick Associates Ltd. Partnership, 507 U.S. 380, 395 , 113 S.Ct. 1489 , 123 L.Ed.2d 74 (1993). See Brandt v. Am. Bankers Ins. Co., 653 F.3d 1108, 1110 (9th Cir.2011) (setting out the abuse of discretion standard of review); Bateman v. U.S. Postal Serv., 231 F.3d 1220, 1223-24 (9th Cir.2000) (applying the four Pioneer factors to a motion for relief under Rule 60(b)(1)).

Second, the district court’s application of the Pioneer factors was not illogical, implausible or without support in inferences that may be drawn from the facts in the record. See Brandt, 658 F.3d at 1110. The district court reasonably…