Sun v. Saslovsky, Esq.
- Laura Swain
- 1:19-cv-10858
- U.S. District Court · Southern District of New York
- 2
In Sun v. Saslovsky, Judge Swain denied reconsideration and denied as moot a request to stay the earlier order.
Yi Sun’s motion for reconsideration and request to stay the August 6, 2020 order were denied; the request to stay was denied as moot, and fee-free appeal status was denied.
What happened
In Yi Sun v. Saslovsky, et al., Yi Sun asked the court to reconsider its August 6, 2020 order and to temporarily stop that order from taking effect.
The court said Sun did not identify a change in controlling law or new evidence. It found that Sun’s eight stated reasons were conclusory and did not show a clear error or manifest injustice.
Judge Laura Taylor Swain denied reconsideration, denied the request to stay the August 6 order as moot, and denied fee-free appeal status because an appeal would not be taken in good faith.
The detailed version
- Sun v. Saslovsky, Esq. · No. 1:19-cv-10858
- Laura Swain
- Sept. 2, 2020
Background
Yi Sun filed a motion seeking two forms of relief: reconsideration of the court’s August 6, 2020 Memorandum Opinion and Order, and a temporary restraining order to stay that earlier order. The court construed the request for a temporary restraining order as a request to stay the August 6 order while the reconsideration motion was pending.
Court’s analysis
The court explained that reconsideration is an extraordinary remedy and is not a way to relitigate earlier issues, present new theories, or take another opportunity to make the same arguments. The party requesting reconsideration must show an intervening change in controlling law, newly available evidence, or a need to correct a clear error or prevent a manifest injustice.
Sun did not claim that controlling law had changed or that new evidence was available. The court found that Sun’s eight reasons for reconsideration were conclusory and did not provide a legal or factual basis for finding a clear error or manifest injustice.
Ruling
Judge Laura Taylor Swain denied the motion for reconsideration. Because the court denied reconsideration, it denied as moot the request to stay the August 6 order. The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from this order would not be taken in good faith and denied fee-free appeal status. The order resolved Docket Entry Number 47.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.