Utah Court of Appeals

What constitutes a reasonable time for filing a Rule 60(b) motion? Crane-Jenkins v. Mikarose Explained

2015 UT App 270
No. 20140940-CA
November 12, 2015
Affirmed

Summary

Michelle Crane-Jenkins sued her former employer Mikarose LLC for unpaid overtime wages. After defendants failed to timely respond, the district court entered a default judgment on December 9, 2013. Defendants filed a Rule 60(b) motion 197 days later seeking to set aside the judgment, which the district court denied as untimely.

Practice Areas & Topics

Analysis

In Crane-Jenkins v. Mikarose, the Utah Court of Appeals addressed whether a Rule 60(b) motion filed 197 days after entry of a default judgment satisfied the “reasonable time” requirement. The court’s analysis provides important guidance for practitioners seeking relief from judgments under Rule 60(b).

Background and Facts

Michelle Crane-Jenkins sued her former employer Mikarose LLC for $1,000 in unpaid overtime wages. After defendants failed to timely answer the complaint, the district court entered a default judgment on December 9, 2013. Defendants retained multiple attorneys over several months, with their final counsel filing a Rule 60(b) motion under subsections (4) and (6) on June 25, 2014—197 days after the default judgment. The district court denied the motion as untimely.

Key Legal Issues

The central issue was whether defendants’ Rule 60(b) motion was filed within a “reasonable time” as required by subsections (4) and (6). The court also considered whether counsel’s alleged gross negligence could excuse the delay under the Menzies v. Galetka standard.

Court’s Analysis and Holding

The Court of Appeals applied an abuse of discretion standard and affirmed the district court’s denial. The court emphasized that reasonable time “depends upon the facts of each case,” considering factors including finality interests, reasons for delay, practical ability to learn of grounds for relief, and prejudice to other parties. Unlike cases where parties lacked notice of judgments, defendants here had timely notice and reason to expect a default judgment, yet failed to act diligently. The court distinguished Menzies, noting that subsequent cases have “essentially limited Menzies to its facts” involving capital cases with extreme attorney misconduct.

Practice Implications

This decision underscores that courts will closely scrutinize delays in filing Rule 60(b) motions, particularly when parties had notice of adverse judgments. The “gross negligence” exception from Menzies remains extremely limited and typically applies only in capital cases with extraordinary circumstances. Practitioners must act diligently once grounds for relief become apparent and should not rely on attorney negligence as grounds for excusing procedural delays in civil cases.

Original Opinion

Link to Original Case

Case Details

Case Name

Crane-Jenkins v. Mikarose

Citation

2015 UT App 270

Court

Utah Court of Appeals

Case Number

No. 20140940-CA

Date Decided

November 12, 2015

Outcome

Affirmed

Holding

A Rule 60(b) motion filed 197 days after entry of a default judgment was not made within a reasonable time as required by Rule 60(b)(4) and (6).

Standard of Review

Abuse of discretion

Practice Tip

When a Rule 60(b) motion is denied as untimely, retain new counsel immediately and file a new motion under different subsections rather than waiting additional weeks or months.

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