Progressive Insurance Co. (Pago Pago) Ltd. v. Southern Star International, Inc.
Progressive Insurance Co. (Pago Pago) Ltd. v. Southern Star International, Inc.
Opinion of the Court
ORDER ON MOTION TO RECONSIDER ORDER QUASHING SUBPOENA AND GRANTING PROTECTIVE ORDER
At this stage in the proceedings, defendants Southern Star International, Inc. dba Hong Kong Restaurant (“SSI”), and Kenny and Helen Young (“Youngs”) (together “Defendants”) in their motion for reconsideration, ask the Court to revisit an earlier decision rendered in this case. On January 29, 2001, we issued an interlocutory order granting Progressive Insurance Company (Pago Pago) Limited (“Progressive”), and the Bank of Hawaii’s motions to quash the June 5, 2000 subpoena duces tecum ad testificandum for the Bank of Hawaii, and granted Progressive’s motion
Motion to Reconsider or for a New Trial
American Samoa statutes and rules of court provide no authority for bringing a motion to reconsider a non-final interlocutory order in a pending case. While a motion for reconsideration or a new trial is prescribed as a mandatory pre-requisite to appeal a judgment under A.S.C.A. § 43.0802, this provision applies to final decisions, not to non-final interlocutory orders.
In Kim v. American Samoa Gov’t, 17 A.S.R.2d 193, 195 (App. Div. 1990), the Appellate Division decided that an interlocutory order must be final or fall within the collateral order exception to be appealable:
To fall within the collateral order exception, an order must (1) conclusively resolve the disputed question; (2) resolve an important issue completely separate from the merits of the action; and (3) be effectively unreviewable on appeal from the final judgment in the main case.
Id. (citations omitted). Because motions for reconsideration or new trial are brought as part and parcel of an appeal, the requirement that a pretrial order be final or fall within the collateral order exception to the finality rule before it may be appealed likewise applies to interim orders before they may be reconsidered. See Kim, 17 A.S.R.2d at 195 (App. Div. 1990).
The purpose of motions for reconsideration is to conserve judicial resources by allowing the trial court the opportunity to assess and correct its own errors prior to appellate review. However, requiring the court to reconsider all interlocutory orders would run counter to this very
Generally, pre-trial orders governing discovery are not final decisions, nor do they fall within the collateral order exception to the rule. A party affected by a court’s interim discovery ruling is not foreclosed from challenging the decision on appeal from the final decision. See Hancock v. State, 800 S.W.2d 683, 684 (Tex. App. 1990) (denying appellate review of discovery order); Clark v. Monnens, 436 N.W.2d 830, 831-32 (Minn. Ct. App. 1989); Kennedy v. Chalfin, 310 N.E.2d 233, 235 (Ohio 1974).
Similarly, our January 29, 2001 pre-trial discovery ruling, granting the motions to quash and for a protective order, is reviewable upon appeal. Therefore, since Defendants are not precluded from challenging the discovery order upon appeal, we deny reconsideration.
Sanctions
On Juñe 5, 2000, Defendants served a subpoena for documents and a deposition on the Bank of Hawaii. Subsequently, Progressive and the Bank of Hawaii each moved to quash the subpoena and Progressive requested a protective order against the same. Defendants failed to file any written opposition before the hearing on the motion. Counsel for Defendants assert that, “the hearing scheduled to hear the motions inadvertently and through no fault never occurred and the subject was visited the first time during the pre-trial hearing on January 11, 2001.” (Def.’s Mot. for Reconsideration 4.) Contrary to counsel’s averment, counsel argued the motion on June 20, 2000, and the Court took the motion under advisement. The matter was raised during the January 11, 2001 pre-trial hearing, but only in the context of tying up loose ends in preparation for trial.
We have previously warned Defendants’ counsel, Mr. Miller, to consider seriously his ethical duty to be forthcoming with the Court. (Order on Motion to Quash Subpoena and for Protective Order at 4-5 (January 29, 2001).) He has failed to heed this warning. When counsel affixed his signature to his motion for reconsideration, he certified that “to the best of. . . [his] knowledge, information, and belief, formed after
Order
1. Defendants’ motion for reconsideration is denied.
2. Counsel Paul Miller shall pay Progressive’s reasonable expenses, including attorney’s fees, of answering- the motion for reconsideration in the amount of $300.00.
It is so ordered.
Authorized by A.S.C.A. § 43.0802, T.C.R.C.P. 59 permits parties to move for a new trial or for alteration or amendment of judgment within a similar timeframe.
Counsel in response to the Court’s inquiry on pending motions, explained that Progressive and the Bank of Hawaii’s motions to quash the June 5, 2000 subpoena and issue a protective order were under advisement and awaited the Court’s written decision.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.