Russell Sigler, Inc. v. Associated Mechanical, Inc. et al

Filing 49

ORDER Denying 46 Motion for District Judge to Reconsider Order. Signed by Chief Judge Roger L. Hunt on 5/2/11. (Copies have been distributed pursuant to the NEF - ASB)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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THE UNITED STATES GOVERNMENT for )
the use and benefit of RUSSELL SIGLER,
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INC., a New Mexico corporation, d.b.a. Sigler, )
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Plaintiff,
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vs.
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ASSOCIATED MECHANICAL, INC., a
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Nevada corporation; AMERIND BUILDERS, )
LLC, an Arizona corporation; E.C.
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SCARBOROUGH, an individual surety,
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Defendants.
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_______________________________________)

Case No.: 2:09-cv-01238-RLH-GWF
ORDER
(Motion for Reconsideration–#46)

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Before the Court is Plaintiff Russell Sigler, Inc.’s Motion for Reconsideration

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(#46, filed Dec. 16, 2010). The Court has also considered Defendants Amerind Builders, LLC and

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E.C. Scarborough’s Opposition (#47, filed Jan. 3, 2011), and Sigler’s Reply (#48, filed Jan. 5,

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2011)

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This dispute arises out of Sigler’s allegations that Defendants failed to pay Sigler

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for services that it performed on a construction project at Creech Air Force Base in Indian Springs,

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Nevada. The Court directs the reader to its previous order (#45) for the procedural and factual

AO 72
(Rev. 8/82)

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background of this case. On December 8, 2010, the Court granted Defendants’ motion for

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summary judgment as to Sigler’s payment bond claim (Dkt. #45, Order). Sigler subsequently filed

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a motion for reconsideration of this Order. For the reasons discussed below, the Court denies

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Sigler’s motion.

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A motion for reconsideration must set forth the following: (1) some valid reason

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why the court should revisit its prior order, and (2) facts or law of a “strongly convincing nature”

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in support of reversing the prior decision. Frasure v. United States, 256 F. Supp. 2d 1180, 1183

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(D. Nev. 2003). Reconsideration may be appropriate if the district court: (1) is presented with

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newly discovered evidence, (2) has committed clear error or the initial decision was manifestly

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unjust, or (3) there has been an intervening change in controlling law. Nunes v. Ashcroft, 375 F.3d

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805, 807–08 (9th Cir. 2004). “There may also be other, highly unusual, circumstances warranting

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reconsideration.” Sch. Dist. No. 1J, Multnomah Cnty., Or. v. ACandS, Inc., 5 F.3d 1255, 1263 (9th

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Cir. 1993). On the other hand, motions for reconsideration are not “the proper vehicles for

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rehashing old arguments,” Resolution Trust Corp. v. Holmes, 846 F.Supp. 1310, 1316 (S.D. Tex.

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1994) (footnotes omitted).

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Sigler’s motion seeks clarification of the Court’s December 8 Order, which granted

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summary judgment against Sigler’s payment bond claim. Sigler argues that the Order is

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ambiguous with regard to whether the Court disposed of the payment bond claim in its entirety or

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only as it pertains to E.C. Scarborough. The Court clarifies that it disposed of the payment bond

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claim in its entirety. As stated in the Order, the Bond and its integrated Certificate of Pledged

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Assets unambiguously state that the Bond was to be terminated no later than November 16, 2008.

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Therefore, because Sigler performed its services on the construction project in December 2008,

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after the bond expired, the Bond does not cover Sigler’s performance. Sigler presents nothing new

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in this motion—other than its own interpretation of the Bond—that changes the Court’s analysis.

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Therefore, the Court disposes of Sigler’s payment bond claim (its second cause of action) in its

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entirety. Accordingly, the Court denies Sigler’s motion for reconsideration.

AO 72
(Rev. 8/82)

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CONCLUSION

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Accordingly, and for good cause appearing,

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IT IS HEREBY ORDERED that Sigler’s Motion for Reconsideration (#46) is

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DENIED.
Dated: May 2, 2011

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____________________________________
ROGER L. HUNT
Chief United States District Judge

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AO 72
(Rev. 8/82)

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