Gilmer
Gilmer v. Safeway, Inc.
Opinion
Lead Opinion
*587 MEMORANDUM **
Appellant contends the district court abused its discretion in failing to provide relief under Rule 60 of the Federal Rules of Civil Procedure. An order denying relief under Rule 60 is reviewed for an abuse of discretion. See Maraziti v. Thorpe, 52 F.3d 252, 253 (9th Cir.1995). We hold the district court properly exercised its 60(b) discretion, especially since Appellant failed to meet the extended deadline for filing her opposition to Appellees’ motions.
No extraordinary circumstances exist to compel this Court to find the district court abused its discretion in denying Appellant relief under Rule 60. See Kagan v. Caterpillar Tractor Co., 795 F.2d 601, 609 (7th Cir.1986). All parties were aware of Local Rule 1.10, which provided that failure to file an opposition could be construed as consent to granting of the motion. Thus, it was not manifestly unjust or unfair for the district court to administer a sanction of which all parties were expressly apprised.
Appellant cites the case of Henry v. Gill Industries, Inc., 983 F.2d 943 (9th Cir.1993), in support of her argument that the district court nullified rule 56(c) by its application of Rule 1.10 to this case,…