New Hampshire Insurance Company v. Bennett Brothers Yachts, Inc.

Filing 52

ORDER denying 46 Motion for Reconsideration. Signed by Chief Judge James C. Dever III on 8/14/2018. (Sellers, N.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTII CAROLINA
SOUTIIERN DMSION
IN ADMIRALTY
No. 7:16-CV-237-D

NEW HAMPSIDRE INSURANCE
COMPANY, AS SUBROGEE OF
SANCTIJARY, LLC
Plaintiff,

v.

BENNETT BROTHERS YACHTS, INC.
Defendant.

)
)
)
)
)
)
)
)
)
)
)
)

ORDER

On June 7, 2018, Bennett Brothers Yachts, Inc. ("Bennett Brothers") moved for

reconsideration [D.E. 46] concerning this court's order of May 22, 2018, and filed a memorandum

in support [D.E. 47]. On June 28,2018, New Hampshire Insurance Company (''NIDC") responded
in opposition [D.E. 49]. On July 5, 2018, Bennett Brothers replied [D.E. 51].
The court has considered Bennett Brothers's motion for reconsideration under the governing
standard. See Fed. R. Civ. P. 59(e); Zinkand v.

Bro~

478 F.3d 634,637 (4th Cir. 2007); Bogart

v. Chapell, 396F.3d 548,555 (4thCir. 2005); Pac. Ins. Co. v.Am. Nat'lFirelns. Co., 148 F.3d 396,
403 (4th Cir. 1998); Hughes v. Bedsole, 48 F.3d 1376, 1382 (4th Cir. 1995). The motion for
reconsideration lacks merit and is denied. To the extent Bennett Brothers seeks clarification
concerning this court's order, this court's order was clear. The court stated that NHIC can pursue
damages for the diminution in value or the estimated cost of repairs. See [D.E. 42] 3-4. Diminution

in value, however, is calculated based on the estimated cost of repairs. Id. at 4; see Yarmouth Sea

Prods. Ltd. v. Scully, 131 F.3d 389,399 (4th Cir. 1997); Hewlettv. Barge Bertie, 418 F.2d 654,657
(4th Cir. 1969).
Finally, Bennett Brothers's motion discusses NlllC's alleged failure to provide cogent and
consistent theories of damages and evidence to support such damages during discovery. See [D.E.
47] 3. This order does not address the admissibility ofNlllC's evidence of damages at trial. Cf.
Omnisource Com. v. Heat Wave Metal Processing. Inc., No. 5:13-CV-772-D, 2015 WL 3452918,

at *9-10 (E.D.N.C. May 29, 2015) (unpublished); Silicon Knights. Inc. v. Epic Games. Inc., No.
5:07-CV-275-D,2012 WL 1596722, at *4-10(E.D.N.C. May7,2012); Silicon Knights. Inc. v. Epic
Games. Inc., No. 5:07-CV-275-D, 2011 WL 6748518, at *6-17 (E.D.N.C. Dec. 22, 2011)
(unpublished); Gallagher v. S. Source Packaging, LLC, 568 F. Supp. 2d 624, 630-36 (E.D.N.C.
2008).
In sum, Bennett Brothers's motion for reconsideration [D.E. 46] is DENIED.
SO ORDERED. This JA:. day of August 2018.

2