Unpublished Disposition, 889 F.2d 1095 (9th Cir. 1987)
Annotate this CaseILAR SYSTEMS, INC. fka Strategic Software Systems, Inc.;John F. Richardson, Plaintiffs-Appellants,v.D.H. BLAIR & COMPANY, INC.; J. Morton Davis, Defendants-Appellees.
No. 88-6140.
United States Court of Appeals, Ninth Circuit.
Submitted Oct. 31, 1989.* Decided Nov. 16, 1989.
Before ALARCON, O'SCANNLAIN and LEAVY, Circuit Judges.
MEMORANDUM**
Ilar Systems, Inc. appeals from the district court's denial of its Fed. R. Civ. P. 60(b) (1) motion for an order to vacate and reenter judgment so that it may timely appeal from a summary judgment entered against it. We review for an abuse of discretion. Alexander v. Robertson, 882 F.2d 421, 423 (9th Cir. 1989). We affirm.
Fed. R. Civ. P. 4(a) (1) provides that a civil litigant must file a notice of appeal within 30 days of entry of judgment. Judgment was entered on May 15, 1987; therefore, Ilar was required but failed to file notice by June 16, 1987. Nevertheless, Ilar contends that it is entitled to relief under Rule 60(b) (1), which allows the district court to vacate and reenter the summary judgment because of "mistake, inadvertence, surprise, or excusable neglect." We rejected such a contention in Stevens v. ITT Systems, Inc., 868 F.2d 104 (9th Cir. 1989). We conclude that this case is indistinguishable from Stevens and accordingly we affirm.
AFFIRMED.
The panel unanimously finds this case suitable for submission on the record and briefs and without oral argument. Fed. R. App. P. 34(a), Ninth Circuit Rule 34-4
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3
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