Black v. State Farm Fire and Casualty Company

Filing 61

ORDER: DENYING Motion for Summary Judgment 50 . Please access entire text by document number hyperlink. Signed on 09/22/2015 by Magistrate Judge Mark D. Clarke. (rsm)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
MEDFORD DIVISION

JAMES BLACK,

Civ. No. 1:12-cv-02240-CL
Plaintiff,
ORDER

v.
STATE FARM FIRE AND CASUALTY
COMPANY, an Illinois Corporation,
Defendant.

CLARKE, Magistrate Judge.
This case comes before the court on Defendant's renewed Motion for Summary
Judgment (#50). The facts, background, and relevant law are thoroughly discussed in the
Court's previous Order (#17) denying summary judgment two years ago. For the reasons stated
below, the current motion (#50) is DENIED.
The Court has reviewed the Defendant's motion, which is submitted well after the date
for dispositive motions has passed, and does not find any reason to change its decision.
Defendant has not shown that the fee waivers submitted by the Plaintiff had any substantive

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effect on the Defendant's rights or obligations, nor that Defendant relied on those waivers such
that the Defendant's relationship with Plaintiff was impacted. The only "unfair advantage" that
Plaintiff could have possibly gained from his fee waiver representations was the value of the
filing fee in a case completely unrelated to the current defendant, and the only "unfair detriment"
would have been against the Jackson County Circuit Court. Defendant has not shown that the
Circuit Court would not have granted his fee waiver ifPlaintiffhad listed all the assets he now
claims under the policy- thus even that "detriment" is questionable at best. Additionally,
Plaintiffs insurance policy has nothing to do with any of the fee waivers submitted, and
Defendant has not shown that it was harmed in any way by those representations. Therefore, the
Court declines to exercise its discretion to impose judicial estoppel.
ORDER

For the reasons stated above, the defendant's motion (#50) is DENIED.

It is so ORDERED and DAT~this_...-

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MARKD.CLARKE
United States Magistrate Judge

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