Womack

Womack v. Smithkline Beecham Corp.

Good Law
172 F. App'x 727
United States Court of Appeals for the Ninth CircuitMarch 2, 2006No. 04-35933California619 words

Opinion

Lead Opinion

MEMORANDUM **

Debbie Womack, Brenda J. McKinney, and Sandra Beard (collectively, “Womack”) appeal from the denial of their motion under Fed.R.Civ.P. 60(b) for relief from the district court’s orders in this multidistrict litigation dismissing their actions with prejudice for failure to comply with Case Management Orders (CMO) 15 (August 23, 2003) and 6 (October 24, 2003) on the ground that their failure was the result of excusable neglect. We affirm.

The district court did not abuse its discretion by finding that the Rule 60(b) motions were not filed within a “reasonable time” after the cases were dismissed. Casey v. Albertson’s Inc., 362 F.3d 1254 (9th Cir.2004) (stating standard of review). The motion was not filed for nearly a year. Although counsel explained that he had not learned of the dismissals earlier because his secretary didn’t tell him, the court’s finding that this explanation was not persuasive is not clearly erroneous given 24 — hour access to the court’s electronic docket. See Ashford v. Steuart, 657 F.2d 1053, 1055 (9th Cir.1981) (noting that “[w]hat constitutes ‘reasonable time’ depends upon the facts of each case, taking into consideration the interest in…

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