United States Fidelity & Guaranty Co. v. Lee Investments LLC

MEMORANDUM DECISION GRANTING IN PART AND DENYING IN PART LEE INVESTMENTS LLC’S MOTION TO VACATE PARTIAL JUDGMENT ON JURY VERDICT UPON MULTIPLE CLAIMS INVOLVING MULTIPLE PARTIES OR TO ALTER OR AMEND PARTIAL JUDGMENT PURSUANT TO RULES 59(e) and 60(a) & (b), FEDERAL RULES OF CIVIL PROCEDURE (Doc. 704)

Lee Investments LLC (hereafter Lee) moves for an Order vacating the “Partial Judgment on Jury’s Verdicts Upon Multiple Claims Involving Multiple Parties” (hereafter Partial Judgment), (Doc. 681), entered on March 1, 2007 in favor of United States Fidelity & Guaranty Company (hereafter USF & G), American Specialty Insurance Services, Inc. (hereafter American Specialty or ASI), and Aon Risk Services Inc. of Central California Risk Services (hereafter Aon).

The Partial Judgment states:

Lee moves pursuant to Rules 59(e) and 60(a) and (b), Federal Rules of Civil Procedure, asserting as grounds:

A. Governing Standards.

With regard to a motion to alter or amend judgment pursuant to Rule 59(e), Federal Rules of Civil Procedure, 11 Wright, Miller & Kane, Federal Practice and Procedure: Civil 2nd § 2810.1, explains:

Rule 60(a), Federal Rules of Civil Procedure, provides that “[clerical…