Classic Concepts, Inc. v. Linen Source, Inc., No. 07-56870 (9th Cir. 2013)Annotate this Case
Plaintiff filed complaints against defendants alleging that defendants infringed its "diamond kilim" design by selling rugs and other home goods bearing the design. The district court subsequently entered judgment awarding damages against defendants, and sub silentio denying injunctive relief. Defendants timely filed a renewal motion for judgment as a matter of law under Federal Civil Rule 50(b), as well as a timely motion for a new trial under Rule 59. The district court denied both motions and plaintiff then filed, without support in the Federal Civil Rules, a "Motion for a Permanent Injunction." The district court construed the motion as one for reconsideration under Rule 60(b), and denied that motion. Construing the motion for permanent injunction as a motion for reconsideration under Rule 60(b), as the district court did, the court concluded that plaintiff failed to file the motion within ten days after entry of judgment. Therefore, the court lacked jurisdiction to decide the appeal.
Court Description: Appellate Jurisdiction. Dismissing a civil appeal as untimely, the panel held that an untimely motion for reconsideration under Fed. R. Civ. P. 60(b) did not toll the time for filing a notice of appeal. Judge Reinhardt concurred in the result.