Phonometrics, Inc. v. Hospitality Franchise System, Inc.

MEMORANDUM ***

Phonometrics, Inc. appeals from the denial of a Rule 60(b) motion by the district court. We review a district court’s denial of a Rule 60(b) motion for abuse of discretion. Bateman v. U.S. Postal Service, 231 F.3d 1220, 1223 (9th Cir.2000). We affirm.

In 1996, Phonometrics, Inc. filed suit against several hotel chains for patent infringement. The suits were consolidated in the Southern District of Florida by the Judicial Panel on Multidistrict Litigation. In 2002 the district court in Florida granted summary judgment in favor of the defendants, followed by awards of attorneys’ fees and costs entered on February 5 and 10, 2003. One award entered on February 10 held Phonometrics and its counsel, John Sutton (cumulatively “Phonometrics”), jointly and severally liable. Phonometrics failed to properly appeal this award. When the judgment was registered in the *794 Northern District of California, Phonometrics moved on December 22, 2003, to vacate under Federal Rule of Civil Procedure 60(b).

Federal Rule of Appellate Procedure 4(a)(1) states that, “except as provided in Rules 4(a)(1)(B), 4(a)(4), and 4(c), the notice of appeal ... must be filed with the district clerk…