Salzano Engineering, Inc. v. Nielsen-Dillingham Builders, Inc.
Opinion
Lead Opinion
MEMORANDUM *
Plaintiff Salzano Engineering, Inc. and Defendant Nielsen Dillingham Builders, Inc. entered into a subcontract in July 1996 pursuant to which Nielsen-Dillingham agreed to pay Salzano for labor, material, services, and equipment provided in connection with Nielsen-Dillingham’s government contract to construct the South-bay International Wastewater Treatment Plant Effluent Structures in National City, California. Plaintiff Salzano filed the instant action on October 23, 1998, alleging, among other things, that Nielsen-Dilling *709 ham failed to pay under the subcontract. Judgment was entered on August 25, 1999 for Plaintiff in the sum of $61,005.73. Plaintiff failed to file a timely Notice of Appeal from the judgment.
The only issue in this appeal is whether the district court abused its discretion in denying Plaintiffs motion under Rule 60(b)(3) and (6) of the Federal Rules of Civil Procedure. 1 Plaintiff sought an order allowing it to examine certain letters Defendant sent to the magistrate judge who adjudicated the parties’ dispute. The district court determined that it lacked jurisdiction to decide Plaintiffs Rule 60(b) motion. This appeal followed.