Lewis v. Newburgh Nissan Car Dealership

Background

The opinion concerns a filing by pro se Plaintiff Regina Lewis in a case against Nissan North America Inc. Corp. and other defendants. The filing challenged the Court’s January 19, 2021, order, which barred Lewis from submitting further documents in the case except documents captioned for the Court of Appeals.

Lewis argued that the Court had abused its discretion and committed plain error. She also asserted that the Court had improperly directed her to take the case to an appellate court and had disregarded her filings. Her filing raised alleged factual disputes concerning rescission, the validity of the contract, the dealership’s financing communications, an allegedly inflated interest rate, documents she said were incomplete or unsigned, and charges for Track Guard, gap insurance, and an extended warranty. She also argued that the Court had violated her right to a jury trial and had improperly dismissed her claims with prejudice. These were Lewis’s arguments; the opinion did not decide them in this order.

Legal Standard

The Court treated the filing as a motion for reconsideration. It explained that reconsideration is available only when the moving party identifies an intervening change in controlling law, newly available evidence, the need to correct clear error, or the need to prevent manifest injustice. The Court further stated that reconsideration is not a vehicle for rearguing old issues, presenting new theories, seeking a rehearing on the merits, or taking another opportunity to litigate the case.

Ruling

The court denied Lewis’s motion for reconsideration. It found that Lewis had not identified a change in controlling law, new evidence, a clear error, or a need to prevent injustice that would warrant reconsideration of the January 19, 2021, order. The Clerk of Court was directed to mail a copy of the order to Lewis. The judge’s full name is unclear in the provided text.