Opinion

Global Master International Group, Inc. v. Esmond Natural, Inc.

Court
District Court, C.D. California
Filed
Jan 16, 2024
Cited by
0 cases
Authority
More cited than 16.5%

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

How later courts described this case

  • 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
  • discussing factors a court considers in applying the law of the case doctrine

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES - GENERAL

Case No. 2:19-cv-10360-RGK-PLA Date January 16, 2024

Title Global Master International Group, Inc. v. Esmond Natural, Inc., et al.

Present: The Honorable R. GARY KLAUSNER, UNITED STATES DISTRICT JUDGE

Joseph Remigio Not Reported N/A

Deputy Clerk Court Reporter / Recorder Tape No.

Attorneys Present for Plaintiff: Attorneys Present for Defendants:

Not Present Not Present

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 Plaintiff's 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 Cir. 1988)); see also United States v.

Alexander, 106 F.3d 874, 876 (9th Cir. 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.

Initials of Preparer JRE/de

CV-90 (06/04) CIVIL MINUTES - GENERAL Page 1 of 1

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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