Carlota M. Böhm, United States Bankruptcy Judge.
The above-captioned adversary proceeding was commenced by Flabeg Solar US Corporation ("Debtor"). Debtor filed a Complaint alleging breach of contract and bad faith against the Defendants, including Ergo Versicherung AG, NHA Hamburger Assekuranz-Agentur GmbH, and Allianz Versicherungs-AG (hereinafter "Insurers"). Within the Complaint, Debtor asserted that it was entitled to payment pursuant to certain insurance policies ("Policies").
Motions for reconsideration, which are not expressly recognized in the Federal Rules, are generally considered pursuant to either Fed.R.Civ.P. 59(e) or 60(b), made applicable to bankruptcy cases by Fed. R.Bankr.P. 9023 and 9024, respectively. See Chaney v. Grigg (In re Grigg), No. 12-7008-JAD, 2013 WL 5310207, at *1, 2013 Bankr. LEXIS 3983, at *4 (Bankr. W.D.Pa. Sept. 20, 2013). Within the Motion, Debtor does not state pursuant to which rule it seeks relief; however, it appears that Debtor intends to proceed pursuant to Rule 59(e) as the Motion was filed within fourteen days after entry of the Court's Order. Furthermore, a motion
A motion to reconsider pursuant to Fed.R.Civ.P. 59(e) must be based upon one of the following: "(1) intervening change in the controlling law; (2) new evidence not previously discoverable; or (3) a need to correct a clear error of law or fact or prevent manifest injustice." See Grigg, 2013 WL 5310207, at *2, 2013 Bankr. LEXIS 3983, at *8. Motions for reconsideration are not intended to reargue matters which have been raised and disposed of by the court, to re-litigate a matter with which a litigant simply disagrees, or to present new arguments and/or evidence which could have been presented previously. See Grigg, 2013 WL 5310207, at *3, 2013 Bankr. LEXIS 3983, at *8. Notably, such relief "is an extraordinary remedy to be granted sparingly." Id. With this standard in mind, the Court addresses the pending Motion.
In the Motion, Debtor does not assert an intervening change in the controlling law or the existence of new evidence not previously discoverable. Therefore, Debtor must rely upon an alleged need to correct a clear error of law or fact or prevent manifest injustice. The standard is very difficult to meet. See In re Pittsburgh Corning Corp., No. 00-22876-TPA, 2013 WL 5994979, at *3, 2013 Bankr. LEXIS 4782, at *8 (Bankr.W.D.Pa. Nov. 12, 2013). With respect to demonstrating clear error, it is insufficient to show that a judgment is probably wrong; instead, clear error requires a showing that the judgment is dead wrong. See id. Courts have similarly imposed a challenging burden on a movant asserting manifest injustice. See Pittsburgh Corning, 2013 WL 5994979, at *3, 2013 Bankr. LEXIS 4782, at *9. The burden has been described using various, although generally similar, terms by requiring an error that is indisputable, plain, and/or obvious. See Shearer v. Titus (In re Titus), 479 B.R. 362, 367-68 (Bankr.W.D.Pa.2012). The burden is on Debtor to meet this demanding standard for reconsideration.
According to Debtor, this "Court overlooked, failed to consider or gave improper weight to certain matters of record...." See Motion, at 2. Specifically, Debtor avers that reconsideration is warranted as the Court committed error by concluding that, even if Debtor were an insured under the Policies, the Court lacked jurisdiction over the Insurers. In so concluding, the Debtor cites to the language of Pennsylvania's long-arm statute which the Court did not rely upon in its Memorandum Opinion. Specifically, the language at issue provides as follows:
See 42 Pa. Cons. Stat. Ann. § 5322(a)(6)(i). Debtor asserts that, as an insured under the Policies and in accordance with the scope of the Policies covering all means of transportation of property worldwide, the Insurers contracted to insure the Debtor within this Commonwealth thereby fulfilling the requirement of Pennsylvania's long-arm statute. In opposition to the Motion, Insurers contend that Debtor cannot
Upon review of the Motion, the Objection thereto, the arguments of counsel, and the record of the above-captioned adversary proceeding, this Court finds the Motion must be denied. As set forth above, motions for reconsideration are not intended to reargue matters which have been raised and disposed of by the court, to re-litigate a matter with which a litigant simply disagrees, or to present new arguments and/or evidence which could have been presented previously. Within the Motion, Debtor contends that it is insured under the Policies. As acknowledged by the Debtor within the Motion, the Court considered this argument in its ruling and assumed for the purposes of the Motion to Dismiss that Debtor was insured under the Policies.
Nonetheless, considering the potential applicability of the state's long-arm statute does not change the result. In assessing the exercise of personal jurisdiction in the Memorandum Opinion, the Court applied Fed.R.Bankr.P. 7004(f), which requires, among other things, that the exercise of jurisdiction must be consistent with the Constitution and the laws of the United States. This Court noted,
See Memorandum Opinion, at 7 n.7. In In re Paques, Inc., the court took the position that the state long-arm statute does not apply where the proceedings arise from the provision of bankruptcy jurisdiction under 28 U.S.C. § 1334. See 277 B.R. at 624 n.6, 628. Perhaps on this basis, neither Debtor nor Insurers raised the potential applicability of Pennsylvania's long-arm statute prior to the filing of the Motion.
However, even if the Court applied the law of the forum state in this case, the application of the state's long-arm statute would not change the analysis. The reach of Pennsylvania's long-arm statute
In the context of the minimum contacts analysis, however, one additional item raised by the Debtor warrants further discussion. Within the Motion, Debtor refers to the worldwide scope of the Policies and coverage for all common means of transportation. See Motion, at 4.
While Debtor presents this adversary proceeding as a simple breach of contract claim (an insured against its insurers), the claim is not so straightforward. With respect to the Debtor's insurance claim, the Debtor represented that the amount of the claim was the result of a negotiated settlement with its customer in India. See Exhibit A to Complaint. Furthermore, the Insurers
As Debtor failed to establish the need to correct a clear error of law or fact or prevent manifest injustice in order to obtain relief under Rule 59(e), the Motion is denied. In light of the foregoing and Debtor's voluntary dismissal of other previously named defendants, this adversary proceeding is resolved and may be closed.