Keitel v. D'Agostino, Sr.

• Court: District Court, S.D. New York
• Decided: June 21, 2022
• Docket: 1:21-cv-08537
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK wn ee KX FREDERICK J. KEITEL, III et al., : Plaintiffs, : 21-CV-8537 (JMF) -v- : ORDER

THOMAS B. D'AGOSTINO, SR. et al., : Defendants. : we KX JESSE M. FURMAN, United States District Judge: On June 1, 2022, the Court issued a Memorandum Opinion and Order denying Plaintiffs’ motion to amend their complaint or substitute new motions papers. Docket No. 84. On June 14, 2022, Plaintiffs submitted a motion for reconsideration of that Order. Docket No. 88.! As Plaintiffs present no valid grounds for reconsideration, the motion is DENIED. See, e.g., Analytical Surveys, Inc. v. Tonga Partners, L.P., 684 F.3d 36, 52 (2d Cir. 2012) (“Tt is well- settled that [a motion for reconsideration] is not a vehicle for relitigating old issues, presenting the case under new theories, securing a rehearing on the merits, or otherwise taking a second bite at the apple. Rather, the standard for granting a . . . motion for reconsideration 1s strict, and reconsideration will generally be denied unless the moving party can point to controlling decisions or data that the court overlooked.” (internal quotation marks, citations, ellipsis, and alterations omitted)). The Clerk of Court is directed to terminate Docket No. 88. SO ORDERED. Dated: June 21, 2022 New York, New York JESSEM-FURMAN nited States District Judge

Although the motion is accompanied by an affidavit, see ECF No. 89, Local Civil Rule 6.3 prohibits affidavits on a motion for reconsideration “unless directed by the Court.”