United States District Court, C.D. California
KST Data, Inc.
DXC Technology, et al.
PRESENT: THE HONORABLE S. JAMES OTERO, UNITED STATES DISTRICT
CIVIL MINUTES - GENERAL
(in chambers): ORDER DENYING DEFENDANT ENTERPRISE
SERVICES' MOTION FOR RECONSIDERATION [Docket No. 215]
matter is before the Court on Defendant and Counter-Plaintiff
Enterprise Services, LLC's ("ES") Motion For
Reconsideration ("Motion"), filed on April 10, 2019
as part of its briefing on an independent attorneys' fees
motion. Plaintiff and Counter-Defendant KST Data, Inc's
("KST") opposed the Motion on April 22, 2019. For
the following reasons, the Court DENIES ES's Motion and
orders judgment in favor of KST.
instant action arises from a series of contracts entered into
by the National Aeronautics and Space Administration
("NASA"), ES, KST, and DME Products and Systems
("DME"). The factual background of this case is
relatively complex, and the Court directs the parties to its
prior order for a detailed summary of the dispute. (See Order
on Cross Motions for Summary Judgment, ECF No. 188.)
prior order, the Court denied summary judgment to ES as to
its breach of contract claim against KST and granted summary
judgment to KST as to ES' breach of contract claim
against KST. (Order on Cross Motions for Summary Judgment at
11.) The Court also found that ES had wrongfully stopped
performing the KST-ES Contract because KST had not, in fact,
breached the contract. (Order on Cross Motions for Summary
Judgment at 10.) Accordingly, the Court granted summary
judgment to KST as to KST's breach of contract claim
against ES. (Order on Cross Motions for Summary Judgment at
Court subsequently entered judgment in favor of KST. (See
Order Granting Judgment To KST, ECF No. 207.) The Court
calculated the interest on the judgment amount as follows.
"Because California law would permit an 18% interest
rate to be charged, the Court applies a 18% pre-judgment
interest on the amount of $3, 180, 232.41. As KST specifies
in its briefing, this interest would require ES to pay KST a
total amount of $5, 239, 239, 94 as of January 22, 2019.
However, pre-judgment interest continues to accrue until the
date of this order. (See Mot. at 11-12.) After the date of
the instant judgment, ES shall be charged the California
statutory rate of interest, 10% per annum." (Order
Granting Judgment To KST at 4-5.)
instant Motion, ES asks this Court to revisit this interest
calculation. According to ES, "KST has no contractual
basis for the 18% pre-judgment interest that the Court
applied in its final judgment." (Mot. at 20, ECF No.
Court disagrees with ES and DENIES the Motion. As a threshold
matter, the Court notes that ES wrongly filed the instant
Motion as part of an Opposition to an attorneys' fees
motion. ES must normally file this type of
motion in a separate pleading.
event, ES' Motion has no merit. Under Federal Rule of
Civil Procedure 59(e), a party may move the court to
reconsider and amend a previous order. Fed. R. Civ. Proc.
59(e). The rule offers an "extraordinary remedy, to be
used sparingly in the interests of finality and conservation
of judicial resources." Carroll v. Nakatani,
342 F.3d 934, 945 (9th Cir. 2003) (citation omitted)
(emphasis added). A "motion for reconsideration should
not be granted, absent highly unusual circumstances, unless
the district court is presented with newly discovered
evidence, committed clear error, or if there is an
intervening change in the controlling law." Id.
(citing Kona Enterprises, Inc. v. Estate of Bishop,
229 F.3d 877, 890 (9th Cir. 2000)).
not meet the extraordinary showing required on a motion for
reconsideration. In fact, ES makes no substantive argument as
to why the Court should revisit the judgment entered in this
matter. KST has presented invoices to the Court that KST
issued to ES and that obligate ES to pay KST for work
rendered. The invoices specify that unpaid accounts accrue at
a rate of 18%. ES has not contradicted this evidence. (See
Order Granting Judgment To KST at 4.) Accordingly, the Court
DENIES ES' Motion For Reconsideration.
Court DENIES ES' Motion For ...