Mobley v. Continental Cas. Co.

• Decision Date: 22 December 2005
• Docket Number: No. CIV.A. 04-0287(JDB).,CIV.A. 04-0287(JDB).
• Citation: 405 F.Supp.2d 42
• Parties: James MOBLEY, Plaintiff, v. CONTINENTAL CASUALTY CO., Defendant.
• Court: U.S. District Court — District of Columbia

405 F.Supp.2d 42

James MOBLEY, Plaintiff, v. CONTINENTAL CASUALTY CO., Defendant.

No. CIV.A. 04-0287(JDB).

United States District Court, District of Columbia.

December 22, 2005.

COPYRIGHT MATERIAL OMITTED

Robert Joel Zakroff, Zakroff & Associates, P.C., Bethesda, MD, Counsel for plaintiff.

Michael R. McCann, Funk & Bolton, P.A., Baltimore, MD, Counsel for defendant.

MEMORANDUM OPINION

BATES, District Judge.

In this action, plaintiff James Mobley seeks to recover benefits pursuant to the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1001 et seq. On August 11, 2005, the Court denied defendant Continental Casualty Co.'s ("Continental") motion for summary judgment. See Mobley v. Continental Casualty Co., 383 F.Supp.2d 80 (D.D.C.2005) (memorandum opinion) (hereinafter "Mobley Mem. Op."). Presently before the Court is Continental's motion for reconsideration of that opinion. For the reasons that follow, the Court will deny Continental's motion and will review the merits of the case under Federal Rule of Civil Procedure 52. Based on that review, judgment will be entered in favor of Continental.

BACKGROUND

The facts and history of this case prior to Continental's motion for summary judgment are set forth in detail in the Court's previous decision, and will not be repeated here. See Mobley Mem. Op. at 1-10. Continental now asks the Court to reconsider its August 11, 2005 decision denying Continental's motion for summary judgment, arguing that: (1) the exhibits previously submitted to the Court constitute the full and formal administrative record; (2) all portions of the administrative record are in their original and authentic condition, and have not been tampered with; (3) those portions of the administrative record that are illegible were illegible when Continental initially received them; (4) Continental did not include additional evidence of oral conversations because "the record had closed on September 28, 2000" and it could not "build[] upon a closed record"; and (5) the Court was mistaken to assert that Continental had not considered the de novo standard of review, as evidenced by footnote six of Continental's memorandum in support of summary judgment. See Def.'s Mot. Reconsideration at 1-3. Continental did not submit any new evidence or legal arguments, cure its error under Local Civil Rule 7(h), or address the Court's intimation that Federal Rule of Civil Procedure 52 may be the more appropriate procedure for resolution of this case. Plaintiff makes the same arguments in opposition to Continental's motion to reconsider as he made at the earlier summary judgment phase. See Pl.'s Mem. Opp'n Def.'s Mot. Reconsideration.

LEGAL STANDARDS

The Federal Rules of Civil Procedure do not expressly address motions for reconsideration. Lance v. United Mine Workers for Am. Pension Trust, 400 F.Supp.2d 29, 31 (D.D.C.2005). It is well-established that such motions are ordinarily analyzed as motions to clarify, alter or amend judgment under Fed.R.Civ.P. 59(e). Id. (citing Piper v. DOJ, 312 F.Supp.2d 17, 20 (D.D.C.2004)); see also Toussaint v. Howard Univ., Civil Action No. 03-1395 at 2-3 (D.D.C. Nov. 8, 2005) (memorandum opinion) ("Toussaint Mem. Op."). A motion for reconsideration of a previous judgment will not lightly be granted. A litigant will prevail on a Rule 59(e) motion only if the litigant can demonstrate: (1) "an intervening change in controlling law"; (2) new evidence; or (3) a pressing need to "correct clear error or prevent manifest injustice." Toussaint Mem. Op. at 3 (citing Ciralsky v. Cent. Intelligence Agency, 355 F.3d 661, 671 (D.C.Cir.2004); Lance, 400 F.Supp.2d at 31; Piper, 312 F.Supp.2d at 21). A Rule 59(e) motion is neither a vehicle for litigants to re-argue facts and theories upon which the reviewing court has already ruled, Toussaint Mem. Op. at 3 (citing Cooper v. Dep't of Justice, 2005 WL 670296 at *2 (D.D.C.2005) (unreported disposition); New York v. United States, 880 F.Supp. 37, 38 (D.D.C.1995)), nor an opportunity for litigants to present theories or arguments that could have been advanced earlier, but were not, id. (citing Kattan v. District of Columbia, 995 F.2d 274, 276 (D.C.Cir.1993)). Although the amendment of a previously entered order is somewhat extraordinary, a district court enjoys wide discretion when it considers a Rule 59(e) motion. Id. (citing Cooper, 2005 WL 670296 at *2; Lance, 400 F.Supp.2d at 31).

Where, as here, the party moving for reconsideration is asking the court to reconsider a judgment regarding the party's previous motion for summary judgment, the court may, in its discretion, treat the motion for reconsideration as a renewed motion for summary judgment under Federal Rule of Civil Procedure 56(c). See Mobley v. Continental Casualty Co., Civil Action No. 04-0287, dkt. sht., (D.D.C. Aug. 26, 2005) (minute order). Summary judgment is appropriate when the pleadings and the evidence demonstrate that "there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(c). The party seeking summary judgment bears the initial responsibility of demonstrating that no genuine dispute of material fact exists. See Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The moving party may successfully support its motion by "informing the ... court of the basis for its motion, and identifying those portions of `the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any,' which it believes demonstrate the absence of a genuine issue of material fact." Id. (quoting Fed.R.Civ.P. 56(c)).

To determine whether there is a genuine issue of material fact sufficient to preclude summary judgment, the court must regard the non-movant's statements as true, and accept all evidence and make all inferences in the non-movant's favor. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). Nevertheless, the non-movant must demonstrate more than the "mere existence of a scintilla of evidence" in support of its position. Id. at 252, 106 S.Ct. 2505. The moving party, in contrast, need only point to the absence of evidence proffered by the non-movant. Celotex, 477 U.S. at 322, 106 S.Ct. 2548. Summary judgment is appropriate if the non-movant fails to offer "evidence on which the jury could reasonably find ... [in the non-movant's favor]." Anderson, 477 U.S. at 252, 106 S.Ct. 2505; see also Holbrook v. Reno, 196 F.3d 255, 259-60 (D.C.Cir.1999).

ANALYSIS

In order to receive long term disability benefits under Continental's plan, plaintiff must be "totally disabled." Under the terms of the plan, plaintiff is required to show that he is both "[c]ontinuously unable to engage in any occupation for which [he is] or become[s] qualified by education, training, or experience; and [is][u]nder the regular care of a licensed physician other than [himself]." CCC000109.¹ The second prong of this requirement is uncontested, but the parties disagree as to the first prong. Specifically, plaintiff's treating physician, Francyne O. Anderson, has determined that plaintiff is unable even to perform sedentary job functions, but the physician who conducted the independent medical exam at Continental's request, Dr. Montague Blundon, reached the opposite conclusion. Thus, the case essentially turns on the credibility of these physicians.

On summary judgment, the Court may not make credibility determinations or weigh evidence. Anderson, 477 U.S. at 249, 106 S.Ct. 2505. Rather, the Court is only to determine whether there is any issue that warrants the expenditure of time and resources during a trial on the merits. Id. If so, then the Court may not grant summary judgment. Hence, if there is a genuine dispute of material fact as to whether plaintiff is totally disabled as to any occupation, summary judgment under Rule 56(c) would be an improper vehicle for resolution of this case. Having concluded that the Court's earlier decision to deny summary judgment in Continental's favor was therefore correct, the motion for reconsideration will be denied.

Federal Rule of Civil Procedure 52, however, establishes a procedure through which the Court may make findings of fact on disputed issues before ruling on the legal merits of a case. See Neumann v. Prudential Ins. Co. of Am., 367 F.Supp.2d 969, 980 (E.D.Va.2005) (resolving denial of benefit claim under ERISA pursuant to Rule 52 because disputed material issues of fact precluded summary judgment under Rule 56(c)). In essence, Rule 52 authorizes a bench trial based on the evidence submitted by the parties to the Court. See id. Where, as here, summary judgment under Rule 56(c) is unavailable due to the presence of a genuine and material factual dispute, the Court may instead utilize Rule 52. Id. at 977-78. Resolution under Rule 52 is common in the ERISA context because a court's review of a plan administrator's decision to deny benefits is by its nature a densely factual, and hotly contested, undertaking. See id. Accordingly, the Court will proceed under Rule 52.

At this juncture, neither party contests the Court's previous decision to apply the de novo standard of review rather than the more deferential arbitrary and capricious standard of review. Hence, the Court's task is to undertake a comprehensive review of the administrative record to determine whether plaintiff is totally disabled within the meaning of the plan. The Court must determine this issue as if it had never been reached by Continental, and Continental's findings are entitled to no judicial deference. United States v. George, 971 F.2d 1113, 1118 (4th Cir.1992). Under "arbitrary and capricious" or "abuse of discretion" review, the Court would only inquire whether Continental's decision to terminate plaintiff's benefits was reasonable, but the de novo standard compels the Court to consider whether...