Paije Cerwinske v. Cambrex Charles City ( 2009 )


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  •                      United States Court of Appeals
    FOR THE EIGHTH CIRCUIT
    ___________
    No. 07-3117
    ___________
    Paije DeAnn Cerwinske,                  *
    *
    Appellant,                 *
    * Appeal from the United States
    v.                                * District Court for the
    * Northern District of Iowa.
    Cambrex Charles City, Inc.,             *
    *      [UNPUBLISHED]
    Appellee.                  *
    ___________
    Submitted: December 5, 2008
    Filed: February 12, 2009
    ___________
    Before MELLOY, COLLOTON, and SHEPHERD, Circuit Judges.
    ___________
    PER CURIAM.
    Paije DeAnn Cerwinske appeals the district court’s1 denial of her Federal Rule
    of Civil Procedure 60(b)(1) motion after the adverse grant of summary judgment in
    her employment-discrimination action. We find no abuse of discretion in the denial
    of Rule 60(b) relief. See Noah v. Bond Cold Storage, 
    408 F.3d 1043
    , 1045 (8th Cir.
    2005) (per curiam) (abuse of discretion will be found only when district court’s
    judgment was based on clearly erroneous factual findings or erroneous legal
    conclusions). The district court properly applied the appropriate factors to determine
    1
    The Honorable Linda R. Reade, Chief Judge, United States District Court for
    the Northern District of Iowa.
    whether the neglect or noncompliance in the instant matter was excusable. See In re
    Guidant Corp. Implantable Defibrillators Prods. Liability Litig., 
    496 F.3d 863
    , 866-67
    (8th Cir. 2007) (listing factors announced in Pioneer Inv. Servs. Co. v. Brunswick
    Assocs. Ltd. P’ship, 
    507 U.S. 380
    (1993); fourth Pioneer factor--reason for delay,
    including whether it was within reasonable control of movant--is most important).
    The record also did not support Cerwinske’s assertion that she had a meritorious
    defense to the summary judgment motion. See Feeney v. AT & E, Inc., 
    472 F.3d 560
    ,
    562-63 (8th Cir. 2006) (recognizing additional factor).
    Accordingly, we affirm. See 8th Cir. R. 47B.
    ______________________________
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