Meelod Shaterian v. Commerce West Insurance Company

Summary

The United States District Court for the Western District of Washington denied Commerce West Insurance Company’s motion for reconsideration of discovery sanctions. The Court held that the defendant had not shown manifest error in the prior order, which precluded a witness from testifying and required an adverse jury instruction concerning an improperly withheld appraisal.

Holdings

1. Defendant failed to demonstrate manifest error, newly available facts, or newly available legal authority, so reconsideration was not warranted.
2. The prior sanction, including informing the jury that Defendant improperly withheld Toste's appraisal, was within the court's authority under Rule 37 and did not constitute manifest error.

Questions Presented

1. Whether Defendant demonstrated manifest error or newly available facts or legal authority warranting reconsideration of the prior discovery-sanctions order.
2. Whether the court's sanction requiring an adverse jury instruction regarding Defendant's improper withholding of Toste's appraisal exceeded the court's authority or constituted an abuse of discretion under Federal Rule of Civil Procedure 37.

Disposition

denied