Bell v. Gray

Opinion

UNITED STATES DISTRICT COURT SO JTHERN DISTRICT OF NEW YORK

Renzer Bell Case No.: 20 CV 01588(JPC) Pie intiff, NOTICE OF MOTION TO VACATE THE PLAINTIFF’S DEFAULT, OR FOR -against- | ECONSIDERATION OF THE DETERMINATION OF THE COURT Charles Gray, Defendant. STATEOFNEWYORK _) CO JNTY OF NEW YORK )SS.: PLEASE TAKE NOTICE that upon the attached affidavit of Renzer Bell, affirmed on the__ 20th day of August 2021, and the exhibits attached thereto, and upon all the proceedings in this case to date, the Plaintiff, pro je, Renzer Bell will move this Court, at on the day of __ | , at the Daniel P. Moynihan United States Courthouse, 500 Pearl Street, New York, York 10007, for an Order, pursuant to the applicable Local Civil Rule(s), and Federal Rules of Civil Procedure 59(e), aind 60, rescheduling the hearing in order t at the Plaintiff may advocate on his behalf as lie would have but for the mechanical failure, and the inability to get the court’s response to the application for adjournment, and granting such other, and further relief as the Court deems just and prooder. 4 wy a” □□ August 20, 7021 □□ i □ a 7 a Af f AY □□ / 2 Livros □ Renzer®ell 5736 Cleveland Road Jacksonville, Florida 32209 To: | . . . . Plaintiff's motion for reconsideration is denied. “[R]econsideration will generall David N. Saponara denied unless the moving party can point to controlling decisions or data that ty i ight reasonably be expected to hten, Aloe, Posner, LLP court overlooked—matters, in other words, that mig y ag Piimee eninge ner the conclusion reached by the court.” Shrader v. CSX Transp., Inc., 70 F.3d 255, th i (2d Cir. 1995) (citation omitted). Plaintiff provides no basis that would reasonabl 11” Floor expected to change the Court’s decision. York, New Yor 10022 The Clerk of Court is respectfully directed to mail a copy of this Order to the pv Plaintiff. Cry CANTACNHECTTr TTr.4-:

UNITED STATES DISTRICT COURT SOUTHERN DISTRIZT OF NEW YORK

Re 1zer Bell Case No.: 20 CV 01588(JPC) Plaintiff, AFFIDAVIT IN SUPPORT OF MOTION TO -against- VACATE THE PLAINTIFF’S DEFAULT, OR FOR RECONSIDERATION OF THE Charles Gray, DETERMINATION OF THE COURT Defendant. ween ring LE | STATE OF NEW YORK ) COUNTY OF NEWYORK _)SS.: Renzer Bell, niakes the following affirmation under the penalties of perjury: , Renzer Bell am Plaintiff in the above titled action, and respectfully move this Court to issue for an Order, pursuan: to the applicable Local Civil Rule(s), and Federal Rules of Civil Procedure 59(e), and 60, rescheduling the hearing in order that the Plaintiff may advocate on his behalf as he would have but for the mechanical failure, and the inability to get the| court’s response to the application for adjournment, and 3ranting such other and further relief as the Court deems just, and equitable. The reasons why | am entitled to the relief | seek are th following: 1) The Plaintiff is informed and believes, and based thereon avers that significant procedural issues in the instant action were decided in the Plaintiff's absence on ugust 18, 2021. 2) The Plaintit is informed and believes, and based thereon avers that a timely application for adjournment was rade to the Court on, or around August 11! 2021. 3) That the Plaintiff did not receive a determination from the Court via mail, email, or otherwise in response to the Plaintiff's application for adjournment. 4) The Plaint ff is informed and believes, and based| thereon avers that the aforementioned application for an adjournment was denied by Hon. Judge Cronan.

5) The Plaintiff planned to call the courtroom deputy for Hon. Judge Cronan early on the morning

of August 18, 2021 to determine when the aficpined date was however the Plaintiff became stranded du2 to the failure f the battery in the automobile driven by|the Plaintiff necessitating the Plaintiff to go to rave the batter, replaced as evinced by Exhibit A. 6) The Plaintiff i; informed and believes, and based thereon avers that hearing proceeded without the Plaintiff since the Plaintiff called the chambers of Hon. J dge Cronan to get information, and was informed that the sroceedings were in fact on the docket for August 18, 2021. 7) The Plaintiif’s absence was beyond the Plaintiff's c ntrol, and was unforeseen therefore the Plaintiff seeks an »pportunity to advocate for substantive ights that were deliberated on August 18,

8) The Plaintiff fas not previously been dilatory in executi g his responsibilities in the instant action. WHEREFORE, the Plaintiff respectfully seeks leave of this Court for an Order, pursuant to the applicable Local Civil Rule(s), and Federal Rules of Civil Procedure 59(e), and 60, rescheduling the hearing in order that the Plaintiff njay advocate on his behalf as he would have but for the mechanical failure, and the ina dility to get cng court’s response to the application for djournment, and granting such other and furher relief as the Court deems just and proper.

declare under per alty of perjury that the foregoing statements are true and correct.

Affirmed on the 2th day of August, 2021 7 □□ foe” HK, tt □□ REN er Bell

UNITED STATES DISTRICT COURT SOUTHERN DISTRIZT OF NEW YORK

Re 1zer Bell ase No.: 20 CV 01588(JPC) Plaintiff, CERTIFICATE OF SERVICE -against- Charles Gray, Defendant. —_ STATE OF NEW YORK ) CO JNTY OF NEW \ORK )SS.: Renzer Bell, makes the following affirmation under the penalties of perjury: I, Renzer Bell, am Plaintiff in the above titled action, and declare subject to penalty of perjury that on August 20, 2021, | served one (1) true copy each of the annexed Notice of Motion, Affidavit In Support Of Viotion, and accompanying exhibits in the following manner: By delivering the aforementioned documents to ai United States Post Office, under the exclusive maiagement and contro! of the United States Postal Service, addressed to the attorney(s) for the defendants as indicated below: David N. Saponara Kuc man, Trachten, Aloe, Posner, LLP 80C Third Avenue 11" Floor New York, New York 10022 Affirmed on the 20:h day of August 2021 / Jag □□ □□□ /. a ANVZ UX Repl er Bell