Infor Global Solutions (MICHIGAN), Inc. v. St. Paul Fire & Marine Insurance

ORDER DENYING DEFENDANT’S MOTION FOR LEAVE TO FILE A MOTION FOR RECONSIDERATION

Presently before the Court is Defendant St. Paul Fire and Marine Insurance Company’s Motion for Leave to File a Motion for Reconsideration of the Court’s December 16, 2008 Order Based on Change of Law. Defendant contends that there has been a material change in the law since the Court issued its December 16 Order governing the dispositive issue of whether Defendant had a duty to defend Plaintiff. (Motion at 1-2.)

Civil Local Rule 7-9(a) provides as follows:

In doing so, the moving party must specifically show the following:

Civ. L.R. 7-9(b). A motion for leave to file a motion for reconsideration may not repeat any oral or written argument previously made with respect to the interlocutory order that the party now seeks to have reconsidered. Civ. L.R. 7~9(c). “A party who violates this restriction shall be subject to appropriate sanctions.” Id.

Here, Defendant contends that the California Court of Appeals decision in Total Call Int’l, Inc. v. Peerless Ins. Co., which was issued on January 21, 2010, precludes a finding that Defendant owed Plaintiff a duty to defend, and thus the Court’s Order…