American States Insurance Co. v. Insurance Co. of Pennsylvania

Good Law
245 F. Supp. 3d 1224
United States District Court, Eastern District of CaliforniaMarch 28, 2017No. 2:12-cv-01489-MCE-ACCalifornia995 words

Opinion

Lead Opinion

England, J.

*1225 ORDER

On March 23, 2016, this Court issued its Memorandum and Order (ECF No. 156) granting Plaintiffs Motion for Summary Judgment (ECF No. 85) on grounds that Defendant Insurance Company of the State of Pennsylvania (“ICSOP”) had a primary duty to defend its insured, Sierra Pacific Industries (“Sierra”) in various lawsuits arising from the so-called “Moonlight Fire.” The Court concurrently denied Defendant’s correspondingly heard Motion for Summary Judgment (ECF No. 99). Through the Motion now before this Court, (ECF No. 162) Defendant ICSOP asks the court to reconsider its decision pursuant to Federal Rule of Civil Procedure 54(b).

A court should not revisit its own decisions unless extraordinary circumstances show that its prior decision was wrong. Christianson v. Colt Indus. Operating Corp., 486 U.S. 800, 816 , 108 S.Ct. 2166 , 100 L.Ed.2d 811 (1988). This principle is generally embodied in the law of the case doctrine. That doctrine counsels against reopening questions once resolved in ongoing litigation. Pyramid Lake Paiute Tribe of Indians v. Hodel, 882 F.2d 364, 369 (9th Cir. 1989) (citing 18 Charles Alan Wright & Arthur R. Miller, Federal Practice and Procedure §…

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