Opinion
No. 10-55148 D.C. No. 3:05-cv-00909-LAB-CAB No. 10-55149 D.C. No. 3:06-cv-02360-LAB-CAB
10-07-2011
JAMES SYRAN, Plaintiff, and MICHAEL COHEN, Plaintiff - Appellant, v. LEXISNEXIS GROUP, a corporation; et al., Defendants - Appellees. MARK WITRIOL; et al., Plaintifs, and MICHAEL COHEN, Plaintiff - Appellant, v. LEXISNEXIS GROUP, a corporation; et al., Defendants - Appellees.
NOT FOR PUBLICATION
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Appeal from the United States District Court
for the Southern District of California
Cathy Ann Bencivengo, District Judge, Presiding
The parties consented to proceed before a magistrate judge for issues regarding the terms of the settlement agreement. See 28 U.S.C. § 636(c).
Before: HAWKINS, SILVERMAN, and W. FLETCHER, Circuit Judges.
Michael Cohen appeals pro se from the district court's order denying his untimely motion to modify the terms of arbitration under a class action settlement. We have jurisdiction under 28 U.S.C. § 1291. We review the district court's enforcement of a settlement agreement for an abuse of discretion. Callie v. Near, 829 F.2d 888, 890 (9th Cir. 1987). We affirm.
The district court did not abuse its discretion in denying Cohen's motion because Cohen neither objected to the terms of the settlement nor appealed from the judgment settling the class action in a timely manner. See Gendron v. Shastina Properties, Inc., 578 F.2d 1313, 1314-15 (9th Cir. 1978) (appellant who failed to perfect a timely appeal from a judgment settling a class action is "precluded from challenging the . . . fairness of the agreement").
Contrary to appellees' contention, the district court's order was final and appealable. See United States v. One 1986 Ford Pickup, 56 F.3d 1181, 1184-85 (9th Cir. 1995) (per curiam) (discussing finality rule in context of post-judgment orders).
AFFIRMED.