Jimenez

MEMORANDUM *

Plaintiffs-Appellants Oscar Jimenez, Mario Lopez and Victor Samano (collectively referred to as “Plaintiffs”) appeal the district court’s denial of their motion, made pursuant to Rule 60(b) of the Federal Rules of Civil Procedure, to vacate the dismissal of their complaint for employment discrimination against Defendant-Appellee Kellogg’s Company (“Kellogg’s”). BACKGROUND

On January 14, 1999, the district court ordered the Plaintiffs’ case dismissed because neither Plaintiffs nor their attorney appeared at a hearing on an order to show cause why Plaintiffs’ complaint should not be dismissed due to failure to attend a case management conference. The order was entered on January 22, 1999, but no separate judgment was filed or entered. On July 16, 1999, Plaintiffs filed a motion to set aside the dismissal order, which was denied.

DISCUSSION

In Carter v. Beverly Hills Sav. and Loan Ass’n, 884 F.2d 1186, 1189 (9th Cir. 1989), we held that “the time requirements of Rule 60(b) only commence running upon ‘entry5 of a final judgment that complies with Rule 58 [of the Federal Rules of Civil Procedure] .” Rule 58 “requires that every judgment must be set forth on a separate…