McKenzie-Morris v. V.P. Records Retail Outlet, Inc.

District Court, S.D. New York·Decided October 18, 2024·No. 1:22-cv-01138·Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK SHAUNA MCKENZIE-MORRIS, Plaintiff, -against- 22-CV-1138 (JGLC) V.P. RECORDS RETAIL OUTLET, INC., et al., ORDER Defendants.

JESSICA G. L. CLARKE, United States District Judge: The Court construes Plaintiff’s letter, ECF No. 244, as a motion for reconsideration of the Opinion at ECF No. 240. “It 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 is strict, and reconsideration will generally be denied unless the moving party can point to controlling decisions or data that the court overlooked.” Analytical Survs., Inc. v. Tonga Partners, L.P., 684 F.3d 36, 52 (2d Cir. 2012) (cleaned up)). Plaintiff has not pointed to any error in the Court’s decision. The Court specifically considered and rejected the argument that the two-year window to object for each statement includes the “revolving balance carried forward.” See ECF No. 244 at 1; see also ECF No. 240 at 14–16 (“Plaintiff cannot pursue claims based upon the balance that was carried forward in the royalty statements and for which her claims would otherwise be barred under the 2007

Recording Agreement Incontestability Clause.”). The Court also notes for Plaintiffs benefit that there is a Pro Se Law Clinic available to assist self-represented parties in civil cases. The Clinic may be able to provide advice in connection with this case. The Pro Se Law Clinic is run by a private organization called the City Bar Justice Center; it is not part of, or run by, the Court. The Court attaches the Clinic’s flyer to this Order, which provides more information about its services and how to contact the Clinic. Dated: October 18, 2024 New York, New York SO ORDERED.

{| JESSICA G. L. CLARKE United States District Judge

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ABOUT THE PROJECT The Federal Pro Se Legal Assistance Project provides limited assistance to self- represented litigants (plaintiffs and defendants) with cases involving civil legal matters in the United States District Court for the Southern District of New York (SDNY). This project assists plaintiffs and defendants on a variety of federal legal issues, including, among others, civil rights, employment discrimination, and disability discrimination. The team also assists incarcerated individuals with civil (non- criminal) claims. HOW WE HELP Fed Pro provides limited assistance through full-time attorneys, legal support team members, pro bono (volunteer) attorneys, law school/college interns, and a social work team. While we cannot provide full representation, Fed Pro can assist litigants by providing limited-scope services such as:

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McKenzie-Morris v. V.P. Records Retail Outlet, Inc., (S.D.N.Y. 2024).

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Related

Analytical Surveys, Inc. v. Tonga Partners, L.P.
684 F.3d 36 (Second Circuit, 2012)