Reid Products, Inc. v. Westport Insurance Corporation

Reid Products, Inc. (Reid) appeals the district court’s denial of its ex parte application for entry of judgment in Reid’s suit against Westport Insurance Company (Westport). Holding that the district court was correct in ruling that its prior judgment had not been vacated, we affirm the order of the district court denying a new entry of judgment.

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 October 9, 2001, the district court denied Reid’s motion for summary 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 Plaintiffs 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 counsel’s interpretation of the court’s order directing the filing of cross-motions…