Confer v. Custom Engineering Co. Employee Health Benefit Plan

760 F. Supp. 75, 1991 U.S. Dist. LEXIS 4244
CourtDistrict Court, W.D. Pennsylvania
DecidedApril 3, 1991
DocketCiv. A. No. 89-69 Erie
StatusPublished
Cited by1 cases

This text of 760 F. Supp. 75 (Confer v. Custom Engineering Co. Employee Health Benefit Plan) is published on Counsel Stack Legal Research, covering District Court, W.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Confer v. Custom Engineering Co. Employee Health Benefit Plan, 760 F. Supp. 75, 1991 U.S. Dist. LEXIS 4244 (W.D. Pa. 1991).

Opinion

MEMORANDUM OPINION

MENCER, District Judge.

By this action, Plaintiffs seek to recover benefits owed under the Custom Engineering Co. Employee Health Benefit Plan (the “Plan”) maintained by the Custom Engineering Company (“Custom”). Custom and the Plan, in turn, have sued Self-Funded Plans, Inc. (Self-Funded), the third party defendant, for indemnification. By our order of January 9, 1991 we granted plaintiff’s summary judgment motion as to two parties; judgment was entered for the plaintiffs against the plan and Custom. The third party claim was not the subject of any motions, and accordingly, the claim between the defendant and Self-Funded remains active.1 Currently pending before us is the defendants’ motion for reconsideration. The defendants make two arguments regarding the amount of damages that they failed to press on the original motion. For the reasons set forth below, that motion is denied.

[77]*77i.

Defendants do not base this motion on any particular rule, they just ask for reconsideration. However, neither of the traditional vehicles for reconsideration—Fed.R. Civ.P. 59(e) Fed.R.Civ.P. 60(b)—apply, because our order is not a final judgment. See Juzwin v. Amtorg, Trading Corp., 718 F.Supp. 1233, 1234 (D.N.J.1989); Fed.R. Civ.P. 54, 59(e), 60(b). The only vehicle for reconsideration then, is Fed.R.Civ.P. 54 which provides that until we finally adjudicate all claims as to all parties, we retain the discretion to modify any earlier order. Juzwin, supra; Oritani S & L v. Fidelity & Deposit, 744 F.Supp. 1311 (D.N.J.1990). Before we exercise our discretionary power, however, we must address the standards which govern it.

The standard for granting a motion for reconsideration under Rule 54 is undoubtedly less rigid than under 60(b). See Fed.R.Civ.P. 60(b) Advisory Committee’s Notes; Farr Man & Co., Inc. v. M/V Rozita, 903 F.2d 871 (1st Cir.1990). But while a party seeking reconsideration of an interlocutory order need not meet the “stricture[s] ... of Rule 60(b),” Farr Man, 903 F.2d at 875, we attach considerable import to the rendering of a judgment—final or not. Regardless of the subject order, “[t]he purpose of a motion for reconsideration is to correct manifest errors of law or fact or to present newly discovered evidence.” Harsco Corp. v. Zlotnicki, 779 F.2d 906 (3d Cir.1985). Allowing reconsideration motions for lesser causes not only wastes judicial resources, but is also unfair to parties that invest time and effort arguing on the original papers. If one party moves for disposition of an interlocutory issue, we shall not permit the other to forego making arguments in order that they may choose a more convenient time to come to court asking us to abandon the work previously done. “Each step of the litigation process should build upon the last and, in the absence of newly discovered, non-cumulative evidence, the parties should not be permitted to reargue previous rulings made in the case.” Oritani, 744 F.Supp. at 1314.2

The Advisory Committee states that Motions for reconsideration of interlocutory orders “are left subject to the complete power of the court rendering them to afford such relief from them as justice may require.” Fed.R.Civ.P 60(b) Advisory Committee’s Notes. We believe justice and sound principles of judicial administration require that we consider (1) the concerns of rule 60(b): “Mistakes; Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud;, etc.” Fed.R.Civ.P 60(b). If one of these tests is met, of course, reconsideration should be granted and the court should proceed to the substantive merits of the claim. However, because we have more discretion before a final judgment is entered, we will also consider (2) the nature of the interlocutory order—its comprehensiveness and the attention it received—and (3)the movant’s likelihood of success on the merits. A summary order without briefs, for example, will be more easily modified than fully briefed motions for summary judgment. With respect to number (3), we should make a cursory review of the merits of the substantive claim, and if the ruling appears clearly erroneous or manifestly unjust, reconsideration should be more likely than if the issues are unclear. Such review is only cursory, however, since requiring a more thorough review of the substantive claim would be tantamount to according the original judgment no finality.

II.

In our original opinion, we awarded specific damages to the plaintiff because we found that defendants had not mounted any real challenge on point. Confer, et al. v. Custom Engineering, et al., Civ. Action [78]*78No. 89-69E (W.D.Pa. 1/9/91) at p. 6.3 Now, defendants raise two arguments regarding the damages awarded, both of which could have easily been raised on the motion for summary judgment. The first is that they are entitled, under a subrogation agreement, to set off the damages by the payment the Confers collected as a result of the accident. Apparently they are claiming that this court overlooked subro-gation through inadvertence or mistake.

Defendants claim that they pressed this argument by including it in their answer and in their pretrial narrative. In both locations, however, defendants make only the baldest of conclusory allegations; they do not point to any provision or case or make any argument whatever. In fact, defendants freely admit that because “the document itself was made part of the record,” Defendants Supplemental Brief at 7, they expected this court to search through its provisions and make their argument for them. We are not up to such a task, and defendants have shown no inadvertence or mistake here based on our failure to attempt it. It is their responsibility to make arguments in favor of their client. See Rothwell Cotton Co. v. Rosenthal & Co., 827 F.2d 246, 2512-52 (7th Cir.1987).

The next argument relevant to the 60(b) factors seems to fall somewhere near excusable neglect or newly discovered evidence. Although admittedly only “by way of explanation,” plaintiffs state that there was no likelihood of success on the subro-gation claim because of controlling Third Circuit precedent.4 FMC Corp. v. Holliday, 885 F.2d 79 (3d Cir.1989), they point out, specifically upheld the Pennsylvania law prohibiting subrogation under similar circumstances. Now, however, they continue, since the Supreme Court has reversed that decision, FMC Corp. v. Holliday, — U.S. -, 111 S.Ct. 403, 112 L.Ed.2d 356 (1990), they ought to be able to bring their subrogation claim up.

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Related

Confer v. CUSTOM ENG. CO. EMP. HEALTH BEN. PLAN
760 F. Supp. 75 (W.D. Pennsylvania, 1991)

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760 F. Supp. 75, 1991 U.S. Dist. LEXIS 4244, Counsel Stack Legal Research, https://law.counselstack.com/opinion/confer-v-custom-engineering-co-employee-health-benefit-plan-pawd-1991.