Insurance Co. of North America v. Coast Catamaran Corp.

RULING DENYING MOTION TO REOPEN

WOLLE, District Judge.

Plaintiffs’ motion to reopen this diversity action presents limitations questions arising under Iowa law. Plaintiffs’ complaint, which they wish to revive, states that defendants are liable for contribution toward a settlement plaintiffs made in 1985. Defendants resist the motion to reopen, contending the Iowa one-year statute of limitations, Iowa Code section 668.6(3)(b) (1989), bars the action and renders useless the reopening of this case. Plaintiffs contend in response that defendants waived their limitations defense by failing to…