Board of Trustees of the Western Conference of Teamsters Pension Trust Fund v. P & H Distributing, Homer Carr, Phyllis Carr, and King Delivery, Inc.

2 F.3d 1156 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. BOARD OF TRUSTEES OF THE WESTERN CONFERENCE OF TEAMSTERS PENSION TRUST FUND, Plaintiff-Appellee, v. P & H DISTRIBUTING, Homer Carr, Phyllis Carr, Defendants-Appellants, and King Delivery, Inc., Defendant. No. 91-56020. United States Court of Appeals, Ninth Circuit. Submitted Aug. 4, 1993. * Decided Aug. 11, 1993. Before: BROWNING, FARRIS, and KELLY, ** Circuit Judges. MEMORANDUM *** Federal Rule of Civil Procedure 60(b) provides that a motion for relief from judgment based on: 1) mistake, inadvertence, surprise, or excusable neglect; 2) newly discovered evidence; or 3) fraud, misrepresentation, or other misconduct, must be made "not more than one year" after the judgment is entered. The district court lacks jurisdiction to consider a motion under Rule 60(b)(1), (2), or (3), filed more than one year after entry of judgment. See Nevitt v. United States, 886 F.2d 1187, 1188 (9th Cir.1989) (dismissing for lack of…