Opinion
2:19-cv-10360-RGK-PLA
01-16-2024
Global Master International Group, Inc. v. Esmond Natural, Inc., et al.
Present The Honorable R. GARY KLAUSNER, UNITED STATES DISTRICT JUDGE
CIVIL MINUTES - GENERAL
Proceedings: (IN CHAMBERS) Order to Show Cause Why Motion for Judgment on the Pleadings [DE 198] Should Not Be Granted Under Law of the Case
On December 22, 2023. Defendants filed a Motion for Judgment on the Pleadings, arguing that collateral estoppel precludes relitigating the same issues underlying Plaintiffs RICO claim already litigated and decided during the 2021 jury trial over Plaintiff s fraud and breach of contract claims.
Having reviewed the parties' briefings and the applicable law, it appears collateral estoppel does not apply, although the doctrine of the law of the case does apply. See United States v. Park Place Assocs., Ltd., 563 F.3d 907, 925 n. 11 (9th Cir. 2009) (explaining that law of the case, not collateral estoppel, is appropriate where the decision with preclusive effect had not finally disposed of the litigation between the parties). Under this doctrine, “a court is ordinarily precluded from reexamining an issue previously decided by the same court.” Old Person v. Brown, 312 F.3d 1036, 1039 (9th Cir. 2002) (quoting Richardson v. United States, 841 F.2d 993, 996 (9th Ch. 1988)); see also United States v. Alexander, 106 F.3d 874, 876 (9th Ch. 1997) (discussing factors a court considers in applying the law of the case doctrine).
Accordingly, the Court ORDERS the parties to show cause in writing as to whether the Motion should be granted under the doctrine of the law of the case. Such a response shall not exceed five pages and must be submitted within two days of this Order's issuance.
IT IS SO ORDERED.