Benchmark Insurance Company v. GL Construction Company et al

Filing 69

ORDER denying 59 Motion for District Judge to Reconsider Order. Signed by Judge Robert C. Jones on 2/11/15. (Copies have been distributed pursuant to the NEF - JC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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BENCHMARK INSURANCE COMPANY,
Plaintiff,

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vs.
3:14-cv-00326-RCJ-VPC
GL CONSTRUCTION COMPANY; GORDAN
LEMICH; CERBERUS HOLDINGS, LLC and
NORTHERN NEVADA HOMES, LLC,

ORDER

Defendants.

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Pending before the Court is G.L. Construction (“G.L”) and Gordon Lemich’s (“Lemich”)

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Motion for Reconsideration. (ECF No. 59). This is the second motion for reconsideration that

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G.L. and Lemich have filed requesting that the Court revisit its October 29, 2014 Order, (ECF

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No. 36), in which the Court denied their request for summary judgment on whether Benchmark

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had a duty to defend G.L. in an underlying lawsuit. On November 5, 2014, G.L. and Lemich

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filed their first objection to the denial summary judgment. The Court considered that motion and

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denied it on January 9, 2015. (ECF No. 56). G.L. and Lemich now move for the Court to

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reconsider its January 9, 2015 ruling and to again revisit the initial denial of summary judgment.

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Reconsideration is appropriate if the Court “(1) is presented with newly discovered

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evidence, (2) committed clear error or the initial decision was manifestly unjust, or (3) if there is

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an intervening change in controlling law.” Sch. Dist. No. 1J v. ACandS, Inc., 5 F.3d 1255, 1263

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(9th Cir. 1993). The Court finds that none of these factors are present as to either the October

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29, 2014 Order or the January 9, 2015 Order. Therefore, the Motion is denied.

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CONCLUSION
IT IS HEREBY ORDERED that G.L. and Lemich’s Motion for Reconsideration (ECF
No. 59) is DENIED.
IT IS SO ORDERED.

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DATED: This 11th day of February,
Dated: _______________________ 2015

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_____________________________________
ROBERT C. JONES
United States District Judge

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