Sardarian v. Federal Emergency Management Agency

District Court, D. Connecticut·Decided October 23, 2019·No. 3:19-cv-00910·Unknown

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

ARKADY SARDARIAN, Plaintiff, v. FEDERAL EMERGENCY MANAGEMENT Civil Action No. AGENCY; DEAN J. SAVRAMIS, in his No. 3:19-cv-910 (CSH) official capacity; and DEPARTMENT OF EMERGENCY SERVICES & PUBLIC PROTECTION, DIVISION OF CONNECTICUT EMERGENCY MANAGEMENT & HOMELAND SECURITY; WILLIAM J. HACKETT, GEMMA FABRIS, AND KEN DUMAIS, in their official capacity; and OCTOBER 23, 2019 TOWN OF WESTPORT, CONNECTICUT; JIM MARPE, ROBERT E. YOST, ANDREW KINGSBURY, AND MICHELE ONOFRIO, in their official capacity; Defendants. RULING ON PLAINTIFF'S MOTION FOR RECONSIDERATION [Doc. 37] Haight, Senior District Judge: I. INTRODUCTION Pro se plaintiff Arkady Sardarian commenced this action pursuant to the Stafford Act, 42 U.S.C. §§ 5133, et seq., the National Environmental Policy Act, 42 U.S.C. §§ 4321, et seq., the Administrative Procedure Act ("APA"), 5 U.S.C. §§ 701, et seq., and the Civil Rights Act of 1871, 42 U.S. Code § 1983, to void the decision by the Federal Emergency Management Agency ("FEMA") in July 2018 to terminate previously awarded Hazard Mitigation Grant Program 1 ("HMGP") funding for the elevation of the lowest living area of his raised-ranch slab-on-grade residence located in Westport, Connecticut. Doc. 1, ¶ 1. Defendants in the action include FEMA, the Department of Emergency Services and Public Protection ("A Division of Connecticut, Emergency Management and Homeland Security"), the Town of Westport, and a list of individual

defendants who are governmental officials in the aforementioned and other agencies, in their official capacities. Pending before the Court is Plaintiff's motion for reconsideration [Doc. 37] of the Court's prior Ruling [Doc. 34], denying without prejudice his motion to redact personal information [Doc. 19], which he submitted in support of his motion for appointment of counsel [Doc. 7]. II. DISCUSSION A. Standard for Reconsideration

"A motion for reconsideration is an extraordinary request that is granted only in rare circumstances, such as where the court failed to consider evidence or binding authority." Van Buskirk v. United Grp. of Companies, Inc., 935 F.3d 49, 54 (2d Cir. 2019). "The standard for granting such a motion is strict, and reconsideration will generally be denied unless the moving party can point to controlling decisions or data that the court overlooked — matters, in other words, that might reasonably be expected to alter the conclusion reached by the court." Id. (quoting Shrader v. CSX Transp., Inc., 70 F.3d 255, 257 (2d Cir. 1995)). Accordingly, "[t]he major grounds justifying reconsideration are 'an intervening change of controlling law, the availability of new evidence, or

the need to correct a clear error or prevent manifest injustice.'" Virgin Atl. Airways, Ltd. v. Nat'l Mediation Bd., 956 F.2d 1245, 1255 (2d Cir. 1992) (quoting 18 C. Wright, A. Miller & E. Cooper,

2 Federal Practice & Procedure § 4478 at 790).1 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.'" Analytical Surveys, Inc. v. Tonga Partners, L.P., 684 F.3d 36, 52 (2d Cir.

2012), as amended (July 13, 2012) (quoting Sequa Corp. v. GBJ Corp., 156 F.3d 136, 144 (2d Cir. 1998)). "Denials of motions for reconsideration are reviewed only for abuse of discretion." Id. (quoting Empresa Cubana del Tabaco v. Culbro Corp., 541 F.3d 476, 478 (2d Cir.2008) (per curiam)). B. Plaintiff's Motion for Reconsideration In the case at bar, Plaintiff moves the Court to reconsider its denial, without prejudice, of his motion to redact personal information he presented to the Court in support of his motion for

appointment of counsel. He presents what he terms "clarifications and explanations" that he hopes will convince the Court that his privacy interests in the information "outweigh the public's interest in obtaining [that] information." Doc. 37, at 1. Essentially, Plaintiff seeks to reargue his motion for redaction. He requests once again that the Court redact information bearing on the issue of whether he lacked sufficient funds to obtain his own counsel and the circumstances he believed supported his motion for appointed counsel. The

1 The Local Rules of this District comport with the Second Circuit's standard for reconsideration, specifying as follows: Motions for reconsideration shall not be routinely filed and shall satisfy the strict standard applicable to such motions. Such motions will generally be denied unless the movant can point to controlling decisions or data that the court overlooked in the initial decision or order. D. Conn. L. Civ. R. 7(c)(1). 3 Court declined to appoint counsel for Plaintiff on June 19, 2019, because the financial information he presented established plainly that he was not indigent or "unable to afford counsel" under the applicable statute, 28 U.S.C. § 1915(e)(1). Doc. 12, at 9-10. He then moved to redact much of the personal information he had presented. This information related to his financial status, including:

general sums for his salary as a project engineer, earned income, taxes, interest, dividends, rents, investments, savings, property, and loans. Doc. 19-1, ¶¶ 3-7. He also sought to redact his statements regarding certain family members who rely on him for support, the fact that no member in his household over age 18 is presently employed, his projections for his financial status in future years, and the reasons he attempted to secure counsel on a contingency basis. Id. ¶¶ 8-10. Finally, Plaintiff requested to redact the circumstances which he believed supported his application for appointment of counsel, including, inter alia, his need for a suitable attorney who is familiar with

court rules and procedure and his belief that his work overseas will prevent him from attending to court-related matters on a timely basis. Id. ¶ 15. Plaintiff characterized all of this information he designated for redaction as "personal" but failed to provide the Court with a basis to redact or seal. In its Ruling denying redaction, the Court explained the standard to seal, noting that there is "a strong, long-established presumption of public access to judicial documents, those documents that are 'relevant to the performance of the judicial function and useful in the judicial process.'" Doc. 34, at 3 (quoting Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119 (2d Cir. 2006) and collecting cases).2 The presumption of public access is at its strongest when the documents at issue have "been

2 See United States v. Amodeo, 44 F.3d 141, 145 (2d Cir.1995) ("Amodeo I") ("The Second Circuit defined a judicial document as an item which is "relevant to the performance of the judicial function and useful in the judicial process.").

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