Jarick Products v. MID AM GroupNo. 20090290 Per Curiam.

[¶1] D. Duane Peterson appealed from the district court's order denying his motion to vacate the default judgment under N.D.R.Civ.P. 60(b). On appeal, Peterson argued the district court erred by denying his motion because the default judgment pierced the corporate veil of his limited liability corporation, and his six to seven month delay in bringing his Rule 60(b) motion was reasonable. The district court did not abuse its discretion in denying Peterson's motion. The order is affirmed under N.D.R.App.P. 35.1(a)(4) and (7). See Royal Indus., Inc. v. Haugen, 409 N.W.2d 636, 638 (N.D. 1987) (quoting Bender v. Liebelt, 303 N.W.2d 316, 318 (N.D. 1981)) (holding a disregard of legal process is not excusable neglect under Rule 60(b)); Follman v. Upper Valley Special Educ. Unit, 2000 ND 72, ¶ 11, 609 N.W.2d 90 (quoting Industrial Comm'n of North Dakota v. Wolf, 1999 ND App 2, ¶ 6, 588 N.W.2d 590) (holding a Rule 60(b) motion does not "relieve a party from free, calculated, and deliberate choices").

[¶2] Gerald W. VandeWalle, C.J.
Dale V. Sandstrom
Daniel J. Crothers
Mary Muehlen Maring
Donovan J. Foughty, D.J.

[¶3] The Honorable Donovan J. Foughty, D.J., sitting in place of Kapsner, J., disqualified.