Reid Products, Inc. v. Westport Insurance

FACTS AND PROCEEDINGS

On February 21, 2001, Reid brought suit against Westport for breach of contract and bad faith in its treatment of Reid as an insured. On June 18, 2001, the district court ordered the parties to file cross-motions for summary judgment. On Octo- ber 9, 2001, the district court denied Reid’s motion for sum- mary judgment and granted Westport’s. On October 10, 2001, the court entered judgment for Westport.

On November 30, 2001, Reid moved for reconsideration under Fed. R. Civ. P. 60(b). On March 6, 2002, the district court issued a ruling entitled “Order Granting Plaintiff’s Motion To Reconsider Under Rule 60(B)(1) And Reaffirming Entry Of Judgment In Defendant’s Favor.” The court ruled that Reid had shown mistake or excusable neglect in its coun- sel’s interpretation of the court’s order directing the filing of cross-motions for summary judgment. The court would, there- fore, reconsider a portion of its order granting summary judg- ment to Westport. Reviewing the evidence now offered by Reid, the court concluded: “the court reaffirms its earlier deci- sion to enter summary judgment in favor of Westport.”

On June 24, 2002, Reid moved ex parte for entry of…