Frank H. Alsup, Jr., Plaintiff-Appellant-Cross-Appellee v. Joint Governing Committee of the Plumbers & Pipefitters Local No. 525 Pension and Retirement Fund, Defendant-Appellee-Cross-Appellant

50 F.3d 13 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Frank H. ALSUP, Jr., Plaintiff-Appellant-Cross-Appellee, v. JOINT GOVERNING COMMITTEE OF the PLUMBERS & PIPEFITTERS LOCAL NO. 525 PENSION AND RETIREMENT FUND, Defendant-Appellee-Cross-Appellant. Nos. 93-16553, 93-16676. United States Court of Appeals, Ninth Circuit. Submitted Feb. 17, 1995. * Decided March 9, 1995. Before: FLETCHER, PREGERSON, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Alsup appeals the denial of his motion under Fed.R.Civ.P. 60(b)(1) for relief from an order dismissing his action with prejudice, entered after he failed to file a second amended complaint within the time permitted by the court's order granting the Fund's Fed.R.Civ.P. 12(b)(6) motion. Instead, Alsup filed a substantially identical action in state court, which was subsequently removed and dismissed on the ground of res judicata. The Fund cross-appeals the district court's denial of its motion for attorney's fees. We have…