McGraw v. GEICO General Insurance Company

Filing 60

ORDER by Judge Benjamin H. Settle granting 53 Motion for Reconsideration. Previous ORDER (Dkt. 49) VACATED. (TG)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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YOLANDA MCGRAW,
Plaintiff,

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v.

CASE NO. C16-5876 BHS
ORDER GRANTING MOTION
FOR RECONSIDERATION AND
VACATING PREVIOUS ORDER

GEICO GENERAL INSURANCE
COMPANY,

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Defendant.
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This matter comes before the Court on Defendant GEICO General Insurance
Company’s (“GEICO”) motion for reconsideration (Dkt. 53).
On February 27, 2017, the Court granted Plaintiff Yolanda McGraw’s
(“McGraw”) motion to remand. Dkt. 49. On March 9, 2017, GEICO filed a motion for
reconsideration arguing that the Court committed manifest errors of law in granting
McGraw’s motion. Dkt. 53. On March 13, 2017, the Court requested a response from
McGraw. Dkt. 57. On March 21, 2017, McGraw responded. Dkt. 57. On March 24,
2017, GEICO replied. Dkt. 58.

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ORDER GRANTING MOTION FOR
RECONSIDERATION AND VACATING
PREVIOUS ORDER - 1

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While the Court’s reasoning relied on the reasonable interpretation of McGraw’s

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complaint in light of the Court’s experience with this matter, the Court agrees with

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GEICO that it must also consider other potential interpretations of the complaint when

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resolving the issue of remand. After further development of the record and additional

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consideration of McGraw’s motion, the Court GRANTS GEICO’s motion (Dkt. 53) and

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VACATES its previous order (Dkt. 49). An amended order granting McGraw’s motion

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will issue forthwith.

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IT IS SO ORDERED.

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Dated this 18th day of April, 2017.

A

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BENJAMIN H. SETTLE
United States District Judge

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ORDER GRANTING MOTION FOR
RECONSIDERATION AND VACATING
PREVIOUS ORDER - 2