Brady

MEMORANDUM ***

Patrick Brady (Brady) appeals from the district court’s denial of his motion for reconsideration after its grant of summary judgment to Hanger Orthopedic, Inc., et al. (Hanger). We affirm.

Brady contends, for the first time on appeal, that the district court erred under Federal Rule of Civil Procedure 26 (Rule 26) in crediting Hanger’s argument that Brady could not survive summary judgment because he had failed to disclose an expert witness to support his theory of causation. Because Brady did not raise this issue before the district court, it is waived. See Crawford v. Lungren, 96 F.3d 380 , 389 n. 6 (9th Cir.1996).

Brady also asserts that the district court abused its discretion in failing to find “excusable neglect” under Rule 60(b)(1). Brady did not mention Rule 60 or raise the issue of “excusable neglect” under Rule 60(b)(1) in his motion for reconsideration. Thus, the “excusable neglect” issue is waived. Crawford, 96 F.3d at 389 n. 6. In any event, Brady has not demonstrated that the district court abused its discretion under the “excusable neglect” standard. Brady’s motion for reconsideration did not state that he was unaware of Hanger’s motion for summary…