Rodriguez
Rodriguez v. Match.com
Opinion
Lead Opinion
MEMORANDUM **
Robert Anthony Rodriguez appeals pro se from the district court’s dismissal of his putative class action alleging various state law claims and from the district court’s denial of his motion for relief from judgment under Federal Rule of Civil Procedure 60(b)(1). We dismiss in part, reverse in part, and remand.
We do not consider Rodriguez’s challenges to the underlying judgment because the notice of appeal was filed more than thirty days after entry of judgment and the Rule 60(b)(1) motion did not toll the time to appeal from the judgment. See Fed. R.App. P. 4(a)(1)(A), (a)(4)(A)(vi); Reid Prods., Inc. v. Westport Ins. Corp., 400 F.3d 1118, 1119 (9th Cir.2005) (explaining that a Rule 60(b) motion filed more than ten days after entry of judgment does not toll the time to appeal from the judgment).
The district court abused its discretion by denying the Rule 60(b)(1) motion based on the three reasons set forth in Match.corn’s opposition, because none of those reasons provide a valid ground for denying the motion. See Laurino v. Syringa Gen. Hosp., 279 F.3d 750 , 753-54 (9th Cir.2002). First, the Local Rules of the Central District of California exempt pro se…