Spyke, Inc. v. Essex Motorsports International, Inc.

MEMORANDUM ***

Essex Motorsports International, Inc. (“Essex”) appeals the district court’s denial of its motion to set aside default judgment under Federal Rules of Civil Procedure 55(c) and 60(b). We affirm. Because the parties are familiar with the facts of the case, we do not recite them here.

The district court did not abuse its discretion in finding that Essex’s motion was not filed within a “reasonable time” as required by Rule 60(b). See Casey v. Albertson’s, Inc., 362 F.3d 1254, 1257 (9th Cir.2004) (“Motions for relief from judgment pursuant to Rule 60(b) are addressed to the sound discretion of the district court and will not be reversed absent an abuse of discretion.”). “What constitutes ‘reasonable time’ depends upon the facts of each case, taking into consideration the interest in finality, the reason for the de-

lay, the practical ability of the litigant to learn earlier of the grounds relied upon, and prejudice to other parties.” Ashford v. Steuart, 657 F.2d 1053, 1055 (9th Cir. 1981). Here, the time for appeal had passed, so the interest in finality must be given “great weight.” Id. Essex attributes the one-year delay in seeking relief to its counsel’s back pain…