Rollins
Rollins v. Prudential Insurance Co. of North America
Opinion
Lead Opinion
MEMORANDUM **
Plaintiff Linda Rollins (“Rollins”) appeals the district court’s denial of her motion to vacate an arbitration award issued in favor of Defendants Prudential Insurance Company of North America, and Prudential Insurance and Financial Services (“Prudential”). As the parties are familiar with the facts, we do not recite them here.
As an initial matter, Prudential argues that Rollins failed to file a timely notice of appeal and, therefore, this court lacks appellate jurisdiction. We disagree. The district court did not enter a separate judgment as required by Federal Rule of Civil Procedure 58. When there is no entry of a separate judgment, the time for
appeal never begins to run and, therefore, the appeal cannot be untimely. Corrigan v. Bargala, 140 F.3d 815, 818 (9th Cir.1998); McCalden v. Cal. Library Ass’n, 955 F.2d 1214, 1219 (9th Cir.1992). The absence of a separate judgment does not stand as an obstacle to our exercise of jurisdiction. See McCalden, 955 F.2d at 1218 n. 2; Corrigan, 140 F.3d at 818 . Accordingly, we have jurisdiction over Rollins’ appeal.
On the merits, Rollins argues that the district court erred in denying her motion to vacate the arbitration…