Women for America First v. De Blasio

Background

Towaki Komatsu, a non-party proceeding without a lawyer, filed a letter asking to intervene in the action under Federal Rule of Civil Procedure 24 or, alternatively, to appear as a friend of the court. The request concerned Women for America First’s asserted right to paint its motto on a New York City street and the defendants’ alleged denial of that request.

The court previously denied Komatsu’s request. Among other reasons, the court stated that he had not asserted an interest in the plaintiff’s right or in the alleged deprivation of that right. The court also stated that Komatsu could bring a separate case concerning any claims he might have against the defendants.

Motion for Reconsideration

Komatsu then filed a motion under Federal Rule of Civil Procedure 60 asking the court to reconsider its earlier denial. A motion for reconsideration asks the court to revisit an earlier ruling, but the court explained that it generally requires an intervening change in controlling law, newly available evidence, or a need to correct clear error or prevent serious unfairness. It is not a vehicle for relitigating old issues or presenting new theories.

Ruling

Judge Lorna G. Schofield denied Komatsu’s motion for reconsideration. The court found that he had not identified a change in the law or new evidence showing that he had an interest in Women for America First’s asserted right or the alleged denial of that right. He also did not identify a change in the law or new evidence showing that he could not pursue his claims separately, and he did not point to facts demonstrating clear error or serious unfairness.