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Lyon v. Schindler

United States District Court, Ninth Circuit

July 3, 2013

ROBERT E. LYON,
v.
EDWIN D. SCHINDLER, ET AL.

CHRISTINA A. SNYDER, District Judge.

CIVIL MINUTES - GENERAL

Proceedings: (IN CHAMBERS): Motion for Reconsideration (Docket #58, filed May 24, 2013)

I. INTRODUCTION

Plaintiff Robert Lyon ("Lyon") filed the instant action in Los Angeles County Superior Court on September 17, 2012 against Edwin Schindler ("Schindler"). Subsequently, Schindler removed the action to this Court on October 18, 2012. Lyon's complaint asserts five claims for relief: (1) breach of contract, (2) open book account, (3) account stated, (4) reasonable value of services, and (5) fraud. Also, Schindler has filed a single counterclaim against plaintiff for conversion.

On March 25, 2013, Schindler filed a motion for summary judgment. The Court held a hearing regarding this motion on April 29, 2013, and at the hearing, the Court issued a tentative order granting summary judgment in Schindler's favor. At the hearing, Lyon asked the Court for leave to file a five page supplemental brief addressing issues raised in the tentative order. The Court granted such leave to Lyon, and his supplemental brief was filed on April 30, 2013.

After further consideration of the motion for summary judgment, the Court denied the motion on May 13, 2013. On May 24, 2013, Schindler filed a motion for reconsideration, which Lyon opposed on June 3, 2013. In Schindler's motion, Schindler asks the Court for leave to file a five page supplemental brief addressing the Court's order denying his motion for summary judgment. Schindler contends that he should be permitted to file this supplemental brief because Lyon was permitted to file a five page supplemental brief addressing issues raised by the Court's April 30, 2013 tentative order. In an order dated June 17, 2013, the Court permitted Schindler to file the supplemental brief. Schindler's brief was filed on June 21, 2013.

After considering the parties' arguments, the Court finds and concludes as follows.

II. BACKGROUND

The claims in this matter arise out of a dispute over attorney's fees for services performed by Lyon and Schindler for Elias Amkie and Stich N Genius (collectively "Amkie"). Schindler and Lyon jointly represented Amkie in patent and trademark infringement litigation in the Central District of California between 2009-2010 (the "Amkie case"). In a January 10, 2011 settlement, Lyon and Schindler entered into a settlement with Amkie, discharging all of their claims against Amkie for attorney's fees (the "Amkie settlement").

Further background facts are known to the parties and set out more fully in the Court's order dated May 13, 2013. Dkt. #57. In short, the gravamen of this case is Lyon's allegation that Schindler promised to compensate Lyon for services related to the Amkie case, but that Schindler has wrongfully failed to provide this compensation.

III. LEGAL STANDARD

Local Rule 7-18 sets forth the bases upon which the Court may reconsider a decision:

A motion for reconsideration of the decision on any motion may be made only on the grounds of: (a) a material difference in fact or law from that presented to the Court before such decision that in the exercise of reasonable diligence could not have been known to the party moving for reconsideration at the time of such decision, or (b) the emergence of new material facts or a change of law occurring after the time of such decision, or (c) a manifest showing of a failure to consider material facts presented to the Court before such decision. No ...

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