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Cruz v. Unified Western Grocers, Inc.

United States Court of Appeals, Ninth Circuit
Jan 11, 2006
162 F. App'x 735 (9th Cir. 2006)

Opinion

Submitted December 5, 2005.

The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

David J. Duchrow, David J. Duchrow Law Offices, Los Angeles, CA, for Plaintiff--Appellant.

Michael G. McGuinness, Rochelle Ritsuko Dunham, O'Melveny & Myers, LLP, Los Angeles, CA, for Defendant--Appellee.


Appeal from the United States District Court for the Central District of California; Manuel L. Real, District Judge, Presiding.

Before SCHROEDER, Chief Judge, GOODWIN, and W. FLETCHER, Circuit Judges.

MEMORANDUM

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.

Myrna Cruz appeals from the district court's order denying her Fed. R.App. P. 4(a)(6) motion to reopen the time period to appeal the summary judgment entered in favor of defendants. We review for abuse of discretion, Nguyen v. Southwest Leasing and Rental, Inc., 282 F.3d 1061, 1064 (9th Cir.2002), and we affirm.

The district court properly denied Cruz's motion to reopen the time period to appeal, because Cruz failed to file her notice of appeal within 30 days of the district court's entry of judgment under Rule 4(a)(1), and failed to file her motion to reopen under Rule 4(a)(6) within 7 days of actual notice of the date of entry of judgment, as provided to her in defendant's bill of costs. See Vahan v. Shalala, 30 F.3d 102, 103 (9th Cir.1994) (per curiam).

AFFIRMED.


Summaries of

Cruz v. Unified Western Grocers, Inc.

United States Court of Appeals, Ninth Circuit
Jan 11, 2006
162 F. App'x 735 (9th Cir. 2006)
Case details for

Cruz v. Unified Western Grocers, Inc.

Case Details

Full title:Myrna CRUZ, Plaintiff--Appellant, v. UNIFIED WESTERN GROCERS, INC.…

Court:United States Court of Appeals, Ninth Circuit

Date published: Jan 11, 2006

Citations

162 F. App'x 735 (9th Cir. 2006)