Bank v. NFL Properties LLC

Background

On October 21, 2025, the court issued an order granting NFL Properties LLC’s motion to dismiss the complaint, denying NFL Properties LLC’s motion for costs, and denying Todd C. Bank’s motion for sanctions. Bank then moved for reconsideration of the court’s decisions not to exercise jurisdiction over the action and not to impose sanctions on NFL Properties LLC.

Reconsideration standard

The court applied Southern District of New York Local Civil Rule 6.3. Reconsideration is available only when the moving party identifies an intervening change in controlling law, new evidence, or a clear error or manifest injustice. The court explained that reconsideration is not a way to repeat previously rejected arguments, present new theories, or seek another hearing on the same issues.

Court’s reasoning

The court found that Bank had not identified any controlling decision or factual matter that it had overlooked and that might change the earlier conclusion. Instead, the court said Bank was repeating arguments it had previously rejected. The court also found that Bank’s motion violated Local Civil Rule 6.3’s word limit for attorney-prepared motions: it contained 4,358 words, exceeding the 3,500-word limit.

The court stated that, if Bank wanted to argue that the court improperly used its discretion under the Declaratory Judgment Act by declining to exercise jurisdiction, he could make that argument on appeal.

Disposition

The court denied Bank’s motion for reconsideration. It also requested that the clerk remove the motions at Docket No. 49 from the list of open motions and close the case.