Holiday Village East Home Owners Ass'n v. QBE Ins.
Holiday Village East Home Owners Ass'n v. QBE Ins.
Opinion of the Court
ORDER DENYING PLAINTIFF’S MOTIONS PURSUANT TO FED. R. CIV. P. 59, 60 AND 15 (DKT. NOS. 16 and 17)
This matter having appeared before the Court upon Plaintiff’s Motion pursuant to Fed.R.Civ.P. 59(e) and Fed.R.Civ.P. 60(b)(1) (Dkt. No. 16) seeking relief from Court’s Opinion and Order of December 19, 2011, and Plaintiffs Motion for leave to file a second amended complaint pursuant to Fed,R.Civ.P. 15(a) (Dkt. No. 17), and it appearing that:
1. Plaintiff Holiday Village East Home Owners Association, Inc. initiated this action for a declaratory judgment and damages following Defendants’ denial of coverage under a property insurance policy (the “Policy”) for damage to the Clubhouse roof. On December 19, 2011, this Court granted Defendants’ Motion to Dismiss the Amended Complaint, finding that Plaintiff had failed to allege a “collapse” within the meaning of the Policy. Plaintiff now seeks “reconsideration relief’ pursuant to Fed. R.Civ.P. 59(e) and 60(b)(1), and leave to file a second amended complaint pursuant to Fed.R.Civ.P. 15(a)(2).
2. A Rule 59(e) Motion must rely on one of three grounds: “(1) an intervening change in controlling law; (2) the availability of new evidence; or (3) the need to correct clear error of law or prevent manifest injustice.” Lazaridis v. Wehmer, 591 F.3d 666, 669 (3d Cir. 2010).
3. Plaintiff does not argue that there has been an intervening change in the law or that new evidence has become available. Rather, Plaintiff contends that the Court
4. Put simply, Plaintiff is incorrect that this Court made improper factual findings, employed a heightened pleading standard, or improperly applied or modified the Policy’s language concerning collapse coverage.
5. Because the Court will deny Plaintiffs Motions pursuant to Rules 59(e) and 60(b)(1), Plaintiffs Motion to for leave to file a second amended complaint pursuant to Fed.R.Civ.P. 15(a) will also be denied. While Fed.R.Civ.P. 15(a) vests courts with discretion to permit amendment “freely ... when justice so requires,” the “liberality of the rule is no longer applicable once judgment has been entered. At that stage, it is Rules 59 and 60 that govern the opening of final judgments. As Wright and Miller observe ‘once a judgment is entered the filing of an amendment [under Rule 15] cannot be allowed until the judgment is set aside or vacated under Rule 59 or Rule 60.’ ” Ahmed v. Dragovich, 297 F.3d 201, 207-08 (3d Cir. 2002) (internal citations omitted).
Accordingly,
IT IS on this 25th day of January, 2012,
ORDERED THAT:
1. Plaintiffs Motion pursuant to Fed. R.Civ.P. 59(e) and 60(b)(1) (Dkt. No. 16) is hereby DENIED.
2. Plaintiffs Motion pursuant to Fed. R.Civ.P. 15(a) (Dkt. No. 17) is hereby
DENIED.
. While Plaintiffs Motion is brought pursuant to both Fed.R.Civ.P. 59(e) and Fed.R.Civ.P. 60(b)(1), the only asserted basis for the Motion is the Court’s alleged errors of law, which is a proper basis for a Rule 59(e) Motion. The Third Circuit has held that "legal error, without more, cannot justify granting a Rule 60(b) motion.” Smith v. Evans, 853 F.2d 155, 158 (3d Cir. 1988).
. See generally Holiday Village East Home Owners Ass’n v. QBE INS. Corp., 830 F.Supp.2d 24, 2011 WL 6322978 (D.N.J. 2011).
Reference
- Full Case Name
- HOLIDAY VILLAGE EAST HOME OWNERS ASSOCIATION, INC. v. QBE INS. CORP., QBE Ins. Group, Ltd., and Community Association Underwriters of America, Inc.
- Cited By
- 2 cases
- Status
- Published