EVANS v. INDEPENDENT ORDER OF FORESTERS

No. 97-15751.

141 F.3d 931 (1998)

Dorothy M. EVANS, Plaintiff-Appellant, v. INDEPENDENT ORDER OF FORESTERS, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 6, 1998.


Attorney(s) appearing for the Case

Peter L. Flangas, Las Vegas, Nevada, for plaintiff-appellant.

Mark J. Ricciardi, Ricciardi & Associates, Las Vegas, Nevada, for defendant-appellee.

Before: CHOY and REINHARDT, Circuit Judges, and RESTANI, United States Court of International Trade Judge.


ORDER

Plaintiff appeals the denial of a motion to set aside judgment pursuant to Fed.R.Civ.P. 60(b). The district court granted the defendant's motion for summary judgment and entered judgment for the defendant solely pursuant to a local rule that provided that failure to respond to a motion constitutes consent. Granting the motion without determining whether the defendant's moving papers, including "the papers and pleadings on file herein," showed that no genuine...

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