A FRCP 59 or 60 motion extends the time for appeal until 30 days after denial of the motion so long as the motion is timely and meets the minimal requirements of the FRCP by stating with particularity the grounds on which it is based and being filed after entry of a final judgment. The motion extends the appeal time even if it is substantively meritless, or as in this case completely unavailable on substantive grounds. A judgment under 9 USC § 13, confirming an arbitration award, is not subject to Federal Rules of Civil Procedure 59 or 60. Chiron Corp. v. Ortho Diagnostic Sys., Inc. (9th Cir. 2000) 207 F.3d 1126, 1133. FRCP 6(a) governs how one calculates the three-month time limit on bringing a petition to vacate an arbitration award under 9 USC 12. The day the arbitrator files or delivers the award is not counted, then three months are calculated starting from the next day. Each month ends on the day one number less than the day on which the month started; i.e., a month starting Sept. 15 ends Oct. 14, a month starting Oct. 15 ends Nov. 14, regardless of the number of days in the month. Finally, if the last day ends on a Saturday, Sunday or holiday, the next business day is the deadline. Here, the arbitrator delivered his award on Sept. 14, so the three month period expired on December 14, a Wednesday. The motion to vacate filed on December 15 was one day late and could not be granted.
Ninth Circuit Court of Appeals (McKeown, J.); December 27, 2018; 2018 U.S. App. LEXIS 36559