Bull

MEMORANDUM ***

The district court’s denial of Ar-villa Plain Bull’s motion to dismiss is a final appealable order that we have jurisdiction to review. See 28 U.S.C. § 1291 . We construe Plain Bull’s motion to dismiss under Federal Rule of Civil Procedure 12(h)(3) as a motion for relief from judgment under Federal Rule of Civil Procedure 60(b)(4). See Miller v. Transamerican Press, Inc., 709 F.2d 524, 527 (9th Cir.1983) (holding that a post-judgment motion will be construed, however styled, “to be the type proper for the relief requested”). Rule 60(b)(4) provides that “[o]n motion and upon such terms as are just, the court may relieve a party ... from a final judgment ... [if] the judgment is void.” (Emphasis added). A judgment is void if the court that considered it lacked subject matter jurisdiction. Watts v. Pinckney, 752 F.2d 406, 409 (9th Cir.1985). Northwestern Energy’s argument that this is an impermissible collateral attack on a final judgment lacks merit. See id. at 410 (rejecting a similar argument and stating that “[r]es judicata does not preclude a litigant from making a direct attack [under Rule 60(b) ] upon the judgment before the court which rendered it.” (second…