BRYANT v. STATE FARM FIRE AND CASUALTY COMPANY

Civil Action No. 2:20-CV-134-KS-MTP.

ANNE BRYANT, Plaintiff, v. STATE FARM FIRE AND CASUALTY COMPANY, Defendant.

United States District Court, S.D. Mississippi, Eastern Division.

May 5, 2022.


ORDER

On May 4, 2022, Plaintiff filed a Motion for Reconsideration [52] of the Court's Memorandum Opinion and Order [39] granting Defendant's Motion for Partial Summary Judgment [42] as to Plaintiff's claims for punitive and extra-contractual damages — over nine months after the Court first addressed the issue and only five days before the trial of Plaintiff's breach of contract claim is scheduled to begin.

Rule 54(b) applies to motions for reconsideration of interlocutory judgments. McClendon v. United States, 892 F.3d 775, 781 (5th Cir. 2018); see also FED. R. CIV. P. 54(b). Under that rule, the Court may "reconsider and revise its decision for any reason it deems sufficient." McClendon, 892 F.3d at 781.

Plaintiff argues that the Court should consider whether punitive damages are appropriate after the compensatory damages phase of trial, repeating the same arguments she presented in response to Defendant's Motion for Partial Summary Judgment [42].1 The Court rejects these arguments and denies Plaintiff's Motion for Reconsideration [52], for the same reasons provided in its Memorandum Opinion and Order [39] of July 21, 2022.

SO ORDERED AND ADJUDGED.

FootNotes


1. Plaintiff also attempts to redefine the basis of her bad faith claims, attempting to avoid the Court's previous ruling. As the Court noted before, Plaintiff asserted bad faith claims arising from the alleged denial of her contents claim, delay of payment on her contents claim, and denial of her dwelling extension claim. See Bryant v. State Farm Fire & Ins. Co., 2021 WL 3086765, at *3-*6 (S.D. Miss. July 21, 2021); see also Exhibit A to Notice of Removal [1-2], at 1-2.

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