Ninth Circuit: Untimely Motion for Reconsideration did Not Toll Time for Filing Notice of Appeal

P sued D in federal court for copyright infringement. The court sought input from both side as to whether judgment should include permanent in junction, and then entered judgment which was silent as to injunction. P brought a motion for permanent injunction, which the trial court treated as a motion for reconsideration and denied. P appealed. Ninth Circuit Court of Appeals held: an untimely motion for reconsideration under Fed. R. Civ. P. 60(b) did not toll the time for filing a notice of appeal.

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