Potter v. Potter

199 F.R.D. 550, 2001 U.S. Dist. LEXIS 4651, 2001 WL 387419
CourtDistrict Court, D. Maryland
DecidedApril 11, 2001
DocketNo. MJG-00-63
StatusPublished
Cited by58 cases

This text of 199 F.R.D. 550 (Potter v. Potter) is published on Counsel Stack Legal Research, covering District Court, D. Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Potter v. Potter, 199 F.R.D. 550, 2001 U.S. Dist. LEXIS 4651, 2001 WL 387419 (D. Md. 2001).

Opinion

MEMORANDUM AND ORDER

GRIMM, United States Magistrate Judge.

Kevin Potter, acting pro se, filed this action against his parents, seeking damages for personal injury. (Paper No. 1.) Mr. Potter alleges that his parents were negligent in not having a tree, which they knew had been struck by lightning, removed from their property. He claims that while he was on his parents’ property helping them garden, his father negligently tried to remove the sixty-foot tree by himself, which caused the tree to fall, strike and injure Mr. Potter. The Defendant-parents, acting pro se, filed an answer admitting every allegation in the complaint and stipulating to the $500,000 in damages Mr. Potter is seeking. (Paper No. 3.)

Nationwide Insurance Company (“Nationwide”), the parents’ homeowner and automobile policy insurer, filed a motion to intervene as a defendant in this case, as a claim has been made by the Defendant-parents for the payment of Mr. Potter’s claim against them. (Paper No. 11.) That motion was granted. (Paper No. 13.) Nationwide filed a cross-claim against the Defendant-parents seeking a declaratory judgment on the issues of insurance coverage and the duty to defend and indemnify the parents in this action. (Paper No. 15.)

Thereafter, Nationwide served discovery requests on Mr. Potter. On September 27, 2000, Mr. Potter filed a motion for a protective order, which sought to halt all discovery against him, as he alleged that his injuries rendered him incapable of responding. (Paper No. 19.) The Court denied his motion for a protective order, and ordered that Mr. Potter’s responses to the discovery requested by Nationwide would be complete and unevasive, as is required by Rule 37(a)(3), and cautioned him that a failure to comply with the Order could subject him to sanctions under Rule 37(b)(2), a copy of which was attached to the Order. (Paper No. 42.)

On July 11, 2000, Mr. Potter filed a motion for leave to file an amended complaint, which was granted. (Paper Nos. 17, 23.) Mr. Potter then amended the complaint on October 5, 2000. (Paper No. 24.) On January 23, 2001, Nationwide filed a motion to dismiss Mr. Potter’s amended complaint, for failure to provide the discovery that had been ordered by the Court. (Paper No. 63.) In that motion, Nationwide identified ten specific discovery responses of Mr. Potter’s that it viewed as deficient. On March 7, 2001, the undersigned issued an Order ruling on this motion. (Paper No. 84.) That Order denied the request for dismissal of the amended complaint, but provided specific instructions to Mr. Potter regarding what information [552]*552had to be provided, within 21 days, and identified the sanctions that were recommended for imposition by Judge Garbis, in the event that Mr. Potter again failed to comply with the Court’s Order. These sanctions included prohibitions against Mr. Potter introducing at trial evidence to support his liability and damages claims against Nationwide, pursuant to Rule 37(b)(2)(B).

Nationwide now has filed a motion for reconsideration of the Court’s March 7, 2001 Order. (Paper No. 85.) Nationwide does not identify any of the grounds under which a motion for reconsideration customarily may be granted.1 Instead, it asks the Court to consider additional exceptions it has to the sufficiency of Mr. Potter’s discovery responses. Nationwide candidly acknowledges that it was aware of these alleged deficiencies when it filed its motion to dismiss, but in the interest of “judicial economy” only asked the Court to address the ten that it raised in the motion. Nationwide now asks the Court to reconsider its earlier ruling not to dismiss the amended complaint, or in the alternative, to consider an additional eighteen allegedly deficient discovery responses it received from Mr. Potter, of which it was aware when the motion to dismiss was filed, but did not raise. For the following reasons, this motion must be DENIED.

DISCUSSION

The Federal Rules of Civil Procedure do not provide for a motion for reconsideration, denominated as such. However, Rule 7 defines a motion as any request, written or oral, to the court that requests the issuance of an order. Therefore, Rule 7 is broad enough to permit a party to seek virtually any relief, including a request that it reconsider an order that it previously issued. The local rules of this Court permit the filing of a motion for reconsideration, within ten days of the issuance of the order that is the subject of the motion. L.R. 105.10. The rule, however, contains no standard for its application, nor has this Court, or the Fourth Circuit, identified such a standard. Other courts have, and their guidance is instructive. In the widely cited case of Above the Belt, Inc. v. Bohannan Roofing, Inc., 99 F.R.D. 99 (E.D.Va.1983), the court noted that there are “circumstances when a motion to reconsider may perform a valuable function”, but added that it was improper to use such a motion to “ask the Court to rethink what the Court had already thought through — rightly or wrongly.” Id. at 101. The Court concluded:

The motion to reconsider would be appropriate where, for example, the Court has patently misunderstood a party, or has made a decision outside the adversarial issues presented to the Court by the parties, or has made an error not of reasoning but of apprehension. A further basis for a motion to reconsider would be a controlling or significant change in the law or facts since the submission of the issue to the Court. Such problems rarely arise and the motion to reconsider should be equally rare.

Id. (emphasis added). Other courts that have considered this issue are in accord. Kern-Tulare Water Dist. v. City of Bakersfield, 634 F.Supp. 656, 665 (E.D.Ca.1986), rev’d on other grounds, 828 F.2d 514 (9th Cir.1987) (“Courts have distilled various grounds for reconsideration of prior rulings into three major grounds justifying reconsideration: (1) an intervening change in controlling law; (2) the availability of new evidence or an expanded factual record; and (3) need to correct a clear error or prevent manifest injustice.”); Brambles USA Inc. v. Blocker, 735 F.Supp. 1239, 1241 (D.Del.1990); Shields v. Shetler, 120 F.R.D. 123, 125-26 (D.Colo. 1988) (recognizing the three customary reasons for granting a motion for reconsideration, providing they are of a “strongly convincing” nature, and observing that a motion for reconsideration “is not a license for a losing party’s attorney to get a second bite at [553]*553the apple”); United States v. Smithfield Foods, Inc., 969 F.Supp. 975, 977 (E.D.Va. 1997). The learned commentators agree. 18 Charles Alan Wright, Arthur R. Miller & Edward H. Cooper, Federal Practice & Procedure § 4478 (2d ed.1981) (observing that permitting a motion for reconsideration for only limited grounds protects both the courts and the parties against the burden of repeat arguments by unyielding advocates).

The logic of these cases is apparent. When parties file a motion with the court, they are obligated to insure that it is complete with respect to facts, law and advocacy. Once a court has issued its ruling, unless one of the specific grounds noted above can be shown, that should end the matter, at least until appeal.

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199 F.R.D. 550, 2001 U.S. Dist. LEXIS 4651, 2001 WL 387419, Counsel Stack Legal Research, https://law.counselstack.com/opinion/potter-v-potter-mdd-2001.