Gridley v. Cleveland Pneumatic Co.

127 F.R.D. 102, 1989 U.S. Dist. LEXIS 9795, 1989 WL 94825
CourtDistrict Court, M.D. Pennsylvania
DecidedAugust 17, 1989
DocketCiv. No. 88-0908
StatusPublished
Cited by19 cases

This text of 127 F.R.D. 102 (Gridley v. Cleveland Pneumatic Co.) is published on Counsel Stack Legal Research, covering District Court, M.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gridley v. Cleveland Pneumatic Co., 127 F.R.D. 102, 1989 U.S. Dist. LEXIS 9795, 1989 WL 94825 (M.D. Pa. 1989).

Opinion

OPINION

MUIR, District Judge.

I. Introduction.

Before the Court are the motions of both the Plaintiff, Gladys M. Gridley, and the present Defendants, Cleveland Pneumatic Company, Marjorie Ann Smith, and Patricia Borah, to reconsider this Court’s order of December 13, 1988, in which we granted summary judgment in favor of Defendant John Hancock Mutual Life Insurance Company (“John Hancock”). On June 25, 1989, both Gridley and Cleveland Pneumatic Company, Smith, and Borah filed their motions and briefs in support thereof. On July 17, 1989, John Hancock filed its briefs in opposition to both motions. Cleveland Pneumatic Company, Smith, and Borah filed their reply brief on July 26, 1989, and Gridley filed her reply brief on July 31, 1989. The motions for reconsideration of Gridley, Cleveland Pneumatic Company, Smith, and Borah, are now ripe for disposition.

The motions before the Court present the unusual situation in which the Plaintiff and the Defendants share a similar interest, but those interests are adverse to a party who has been dismissed from the case. For simplicity, we will refer to both the Plaintiff, Gladys Gridley, and the Defendants, [103]*103Cleveland Pneumatic Company, Smith, and Borah as “the movants.”

By order dated December 13, 1988, we granted summary judgment in favor of John Hancock based upon the language of a life insurance contract it entered into with Joseph Gridley, Gladys Gridley’s husband. The contract required Joseph Gridley to be “actively at work” as of the effective date of the contract in order for Gladys Gridley to be eligible for any benefits under it. In our order of December 13, 1988, we held that the term “actively at work” meant that Joseph Gridley had to be physically present at work on or after the effective date in order for Gladys Gridley to be eligible for benefits under the contract. The movants after December 13, 1988, discovered a pamphlet entitled “Your Group Insurance Plan” which was prepared by John Hancock for Cleveland Pneumatic Company and which contains a definition of the term “actively at work.” This new document forms the basis of the present motions to reconsider.

II. Discussion.

In their briefs the parties have attempted to identify the appropriate Federal Rules of Civil Procedure and case law which control these motions to reconsider. The movants have identified Rule 54(b), which applies to motions to reconsider filed before the entry of a “final judgment,” and Rules 59(e) and 60(b), which apply to post-trial motions to alter or amend a judgment, or relieve a party from a final judgment. We conclude that Rule 54(b) controls the present motion to reconsider. Although the movants have discussed in general terms the standards which apply to motions under Rule 54(b), they have not clearly articulated the standard which we should apply. We will do so now.

Fed.R.Civ.P. 54(b) provides that “[w]hen more than one claim for relief is presented in an action ... or when multiple parties are involved, the court may direct the entry of a final judgment as to one or more but fewer than all of the claims or parties only upon an express determination that there is no just reason for delay and upon an express direction of the entry of judgment.” Our opinion and order of December 13, 1988, was not a final judgment because it did not end the litigation in this case. 6 Moore’s Federal Practice 1154.02, at 54-22 (2d ed. 1988); see Fed.R.Civ.P. 54(a) (a “judgment” is an order or decree from which an appeal may be taken); Abdallah v. Hartford Fire Insurance Co., 536 F.2d 20, 21 (3d Cir.1976) (judgment as to fewer than all the parties is not a “final judgment” under Rule 54(b)). In addition, we made no express determination that there is “no just reason for delay.” UGI Corporation v. Clark, 747 F.2d 893, 894 (3d Cir.1984). Accordingly, that opinion and order “is subject to revision at any time before the entry of judgment adjudicating all the claims and the rights and liabilities of all the parties.” Fed.R.Civ.P. 54(b). A district court has the inherent power to reconsider such interlocutory orders “when it is consonant with justice to do so.” United States v. Jerry, 487 F.2d 600, 605 (3d Cir.1973); see John Simmons Co. v. Grier Brothers Co., 258 U.S. 82,. 88-91, 42 S.Ct. 196, 198-99, 66 L.Ed. 475 (1922) (“if an interlocutory decree be involved, a rehearing may be sought at any time before final decree, provided due diligence be employed, and a revision be otherwise consonant with equity”).

Whether a district court should exercise its “inherent power” to revise an interlocutory order depends upon the circumstances. See Jerry, 487 F.2d at 605-06 (discussing pre-amendment Rule 60(b) of the Federal Rules of Civil Procedure which allowed reconsideration of interlocutory orders based upon “mistake,” “inadvertence,” “surprise”, and “excusable neglect” on the part of a party or the party’s legal representative); Mulay Plastics, Inc. v. Grand Trunk Western Railroad Co., 102 F.R.D. 130, 132 (N.D.Ill.1984) (failure to present evidence opposing a motion for summary judgment on liability was excusable when the defendant was not aware of a potential defense until after a deposition taken with respect to the issue of damages).

Our review of the law leads us to conclude that we should grant the movants’ [104]*104motions for reconsideration, and consider the document entitled “Your Group Insurance Plan,” if it would materially change the analysis in our opinion of December 13, 1988, if the circumstances surrounding the movants’ failure to provide us with that document was the result of mistake, inadvertence, or excusable neglect, and if it is “consonant with equity” to do so. This standard is less stringent than the one we would use if there were a final judgment in this case and the present motion were brought pursuant to Rule 60(b) of the Federal Rules of Civil Procedure. See Plisco v. Union Railroad Co., 379 F.2d 15, 16 (3d Cir.1967) (reconsideration of a final judgment under Rule 60(b) based upon newly discovered evidence is extraordinary relief which should be granted only when extraordinary circumstances are present).

In their briefs the parties have debated whether the pamphlet at issue is a part of the underlying insurance contract, but have not addressed the question of whether it would be admissible at trial if it is not part of the contract. The definition of “actively at work” provided in the pamphlet states that an employee:

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127 F.R.D. 102, 1989 U.S. Dist. LEXIS 9795, 1989 WL 94825, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gridley-v-cleveland-pneumatic-co-pamd-1989.