SWIFT v. PANDEY et al
OPINION. Signed by Chief Judge Jose L. Linares on 10/12/17. (sr, )
NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
Civil Action No.: 13-650 (JLL)
RAMESH PANDEY, et al.,
LINARES, Chief District Judge.
This matter comes before the Court by way of pro se Plaintiff Robert Swift’s Motion for
Reconsideration of this Court’s August 31, 2017 Order Denying Plaintiffs Second Motion for
Partial Summary Judgment. (ECF No. 224). Defendants Rarnesh Pandey and Bliuwan Pandey
have Opposed Plaintiffs Motion (ECF No. 225), to which Plaintiff has replied. (ECF No. 226).
The Court decides this matter without oral argument pursuant to Rule 78 of the Federal Rules of
Civil Procedure. For the reasons set forth below, the Court denies Plaintiffs Motion for Partial
The Court presumes the parties are familiar with the factual background and the allegations
asserted in Plaintiffs Original and Amended Complaints (ECF Nos. 1, 17, 28, 85) based on the
parties’ own involvement in this case as well as this Court’s Opinions dated August 10, 2016,
March 27, 2017, and August 31, 2017. (ECF Nos. 165, 197, 222). Accordingly, the Court will set
forth the relevant procedural background.
After numerous amendments to his Complaint, Plaintiffs Third Amended Complaint
become the operative pleading herein. (ECF No. 85). Therein, Plaintiff asserted the following
causes of action: I) “Quantum Mertlit by [Defendant] Rarnesh Pandey;” 2) “Quantttm Pvferztit by
[Defendant] Bhuwan Pandey;” 3) “Quantttrn Meruit by [Defendant] Xechern India;” 4) “Unjust
Enrichment by [Defendant] Rarnesh Pandey;” 5) “Unjust Enrichment by [Defendant] Bhuwan;”
and 6) “Unjust Ern-ichrnent by [Defendant] Xechern India.” (See general/v id.). After a protracted
litigation, Plaintiff made his first Motion for Partial Summary Judgment as to all his unjust
enrichment claims, as well as two unpled claims (equitable and promissory estoppel). (ECF No.
174). This Court denied said Motion in its entirety. (ECF Nos. 196, 197). The Court preliminarily
held that Plaintiffs Motion for claims of equitable and promissory estoppel was procedurally
improper, because said claims were not a part of his Third Amended Complaint. (ECf No. 197 at
5-6). The Court further found that Plaintiff was not entitled to summary judgment as to his unjust
enrichment claims because there were genuine issues of material fact present. (Id.).
Thereafter, Plaintiff filed his Second Motion for Partial Summary Judgment. (ECF No.
Therein, Plaintiff only sought judgment as to his unjust enrichment claims against
Defendants Rarnesh Pandey and Bhuwan Pandey. (Id. at 10). On August 31, 2017, this Court
once again denied Plaintiffs Motion. (ECf Nos. 222, 223). Specifically, “[t]he Court, once again,
denie[d] Plaintiffs Motion for Partial Summary Judgment as to his unjust enrichment claims, as
it suffer[ed] from the same infirmities that his previous Motion suffered from.” (ECF No. 222 at
5). Indeed, Plaintiffs Second Motion for Partial Summary Judgment was nearly identical to his
First Motion for Partial Summary Judgment. (Compare ECf No. 197, with ECF No. 222). “As
was the case with Plaintiffs prior Motion for Partial Summary Judgment, the record [did] not
contain any facts or evidence to show Defendants received any benefit” (ECF No. 222 at 6). This
Court went on to hold, again, that
even if the transfer of assets and the purported loan from Xechern
International to Xechern India could somehow be construed as a benefit to
Defendants, Plaintiffs [Second] Motion for Partial Summary Judgment as
[because] neither the record
to his unjust enrichment claims still faiI[ed]
not [Plaintiffs Statement of Undisputed Material Facts] show[ed] that
Plaintiff even expected remuneration in comection with these transactions,
which is an essential element of a claim for unjust entichrnent.
(Id.) (emphasis in original).
Hence, the Court denied Plaintiffs Second Motion for Partial
Thereafter, Plaintiff timely filed the instant Motion for
(Id. at 7).
Reconsideration. (ECF No. 224).’
“[R]econsideration is an extraordinary remedy that is granted ‘very sparingly.” L. Civ. R.
7.1(1) crnt. 6(d) (quoting Brackett v. Asheroft, No. 03-3988, 2003 WL 22303078, *2 (D.N.J. Oct.
7, 2003)) (emphasis added); see also fellenz v. Lombard hn’estment Coip., 400 F. Supp. 2d 681,
683 (D.N.J. 2005). A motion for reconsideration “may not be used to re-litigate old matters, nor
to raise arguments or present evidence that could have been raised prior to the entry ofjudgrnent.”
P. Schoenfeld Asset Mgrnt., LLCv. Cendant Coip., 161 F. Supp. 2d 349, 352 (D.N.J. 2001). To
prevail on a motion for reconsideration, the moving party must “set[
forth concisely the matter
or controlling decisions which the party believes the Judge or Magistrate Judge has overlooked.”
L. Civ. R. 7.1(i).
The Court notes that Plaintiffs Motion for Reconsideration is entitled “Motion for Partial Summary Judgment” on
the Electronic Docket. (See ECF No. 224). However, a review of the Motion itself makes it clear that Plaintiff is
moving for reconsideration under Rules 54(b) and 60(b)(6) of the federal Rules of Civil Procedure. (Id. at 1).
The Court will reconsider a prior order only where a different outcome is justified by: “(I)
an intervening change in controlling law; (2) the availability of new evidence not available
previously; or (3) the need to correct a clear error of law or prevent manifest injustice.” A River
CIGNA Reinsurance Co., 52 F.3d 1194, 1218 (3d Cir. 1995) (internal quotations
omitted). A court commits clear error of law “only if the record cannot support the findings that
led to that ruling.” ABS Brokerage Sen’s. v. Fenson fin. Sen’s., Inc., No. 09-4590, 2010 WL
3257992, at *6 (D.N.J. Aug.16, 2010) (citing United States v. Grape, 549 F.3d 591, 603—04 (3d
Cir. 2008)). “Thus, a party must.
demonstrate that (1) the holdings on which it bases its request
were without support in the record, or (2) would result in ‘manifest injustice’ if not addressed.”
Id. “Mere ‘disagreement with the Court’s decision’ does not suffice.” Id. (quoting P. $choenfeld,
161 F. Supp. 2d at 353). Moreover, when the assertion is that the Court overlooked something,
the Court must have overlooked some dispositive factual or legal matter that was presented to it.
See L. Civ. R. 7.1(1).
The Court concludes that Plaintiff is not entitled to reconsideration of this Court’s August
31, 2017 Order. Indeed, Plaintiffs Motion for Reconsideration is simply a reworded version of
both of his prior Motions for Partial Summary Judgment. Plaintiffs “INTRODUCTION” is a
simple recitation of the facts stated in both prior Motions. (ECF No. 224 at 2) (emphasis in
original). Specifically, Plaintiff notes that he raised “S7.1 million for Xechern in part in reliance
on Xechem owning 66-2/3% interest in Xechem (India) Pvt. Ltd.” and that he “subsequently
purchased all right, title, and interest to all assets of Xechem and Xechern, Inc.” at a Bankruptcy
Auction. (Id.). Plaintiff then goes on to state that he has standing to bring this action because he
is the sole owner of Xechem, a fact that is not contested by any Defendant. (Id. at 3). All of these
facts were present in Plaintiffs Third Amended Complaint as well as both prior Motions for Partial
Accordingly, Plaintiff points to no fact that this Court overlooked in
rendering its August 31, 2017 Opinion.
Moreover, Plaintiff points to no change in controlling law. As a matter of fact, Plaintiffs
Motion fails to include a single citation to case law or statute.
“ARGUMENT” also is identical to that advanced in both prior Motions for Partial Summary
Judgment; arguments this Court has explicitly rejected. (Id.) (emphasis added). Plaintiff, once
again, discusses “undisputed” facts regarding the transfer of assets, the purported loan between the
domestic and foreign Xechern entities, and how, it is his personal belief, that Defendants were
unjustly enriched. (Id. at 3-4). However, nowhere within Plaintiffs Motion for Reconsideration,
or Plaintiffs reply, does Plaintiff explain his connection to subject transactions and how he
expected remuneration for a transaction that took place many years before his involvement with,
and potentially knowledge of, the Defendant entities.
As this Court has held, Plaintiffs Motions for Partial Summary Judgment failed because
Plaintiff did not show this Court that there were genuine issues of material fact. Moreover, as
discussed in the Court’s prior Opinions, even if the Court found that there were no genuine issues
of material fact, Plaintiff still failed to show this Court he was entitled to judgment as a matter of
law. Plaintiffs Motion for Reconsideration fails to convince the Court otherwise, as Plaintiff cites
to no facts overlooked by the Court nor does he cite to any intervening change in controlling law.
Rather, Plaintiffs Motion focuses on the same facts that this Court previously had before it and
relies on no law whatsoever. Accordingly, the Court finds that Plaintiff has failed to carry his
burden to succeed on a Motion for Reconsideration.
For the aforementioned reasons, Plaintiffs Motion for Reconsideration is hereby denied.
An appropriate Order accompanies this Opinion.
United States District Court
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