United States v. Armendariz Alexander

1The Honorable Linda R. Reade, Chief Judge, United States District Court for
the Northern District of Iowa.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 07-3117
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Paije DeAnn Cerwinske, *
*
Appellant, *
* Appeal from the United States
v. * District Court for the
* Northern District of Iowa.
Cambrex Charles City, Inc., *
* [UNPUBLISHED]
Appellee. *
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Submitted: December 5, 2008
Filed: February 12, 2009
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Before MELLOY, COLLOTON, and SHEPHERD, Circuit Judges.
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PER CURIAM.
Paije DeAnn Cerwinske appeals the district court’s 1 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

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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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