Keitel v. D'Agostino, Sr.
- Jesse Furman
- 1:21-cv-08537
- U.S. District Court · Southern District of New York
- 1
In Keitel v. D'Agostino, Judge Furman denied plaintiffs' reconsideration motion because they showed no valid grounds.
The plaintiffs' request for reconsideration was denied, and Docket No. 88 was terminated. The opinion does not identify any broader group affected.
What happened
In Keitel v. D'Agostino, plaintiffs asked the court to reconsider its earlier order denying their request to amend their complaint or replace their motion papers.
The court explained that reconsideration is not a way to argue old issues again or present new theories. It also noted that the plaintiffs' motion included an affidavit, although the court's local rule generally prohibits such affidavits unless the court directs otherwise.
Judge Furman denied the reconsideration motion and directed the Clerk of Court to terminate the related docket entry.
The detailed version
- Keitel v. D'Agostino, Sr. · No. 1:21-cv-08537
- Jesse Furman
- June 21, 2022
Background
On June 1, 2022, the court issued a memorandum opinion and order denying the plaintiffs' motion to amend their complaint or substitute new motion papers. On June 14, 2022, the plaintiffs filed a motion asking the court to reconsider that order.
Issue
The issue was whether the plaintiffs had shown a valid basis for reconsideration. The court described reconsideration as a narrow procedure that generally requires the moving party to identify controlling decisions or information the court overlooked. It is not a vehicle for relitigating issues, presenting new theories, or seeking a second opportunity to argue the case.
The court also noted that the motion was accompanied by an affidavit. Local Civil Rule 6.3 prohibits affidavits on a reconsideration motion unless the court directs otherwise.
Ruling
The court denied the plaintiffs' motion for reconsideration because they presented no valid grounds for that relief. The Clerk of Court was directed to terminate Docket No. 88. Judge Furman signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.