Haynes v. Planet Automall, Inc. et al

Filing 100

MEMORANDUM & ORDER denying 96 Motion for Reconsideration. Ordered by Senior Judge Jack B. Weinstein, on 9/6/2011. (Barrett, C)

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IN CLERK'S OFFICE
U.S. DISTRICT COURT E.D.N.Y
.

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

* SEP 0 7 2011

*

BROOKLYN OFFICE
SHERRI HAYNES, on behalf of herself and
all others similarly situated,
Plaintiff,

09-CV-03880 (JBW) (RER)

- againstMEMORANDUM & ORDER
PLANET AUTOMALL, INC., PLANET
AUTOMOTIVE, INC. d/b/a! KG SUZUKI,
NORTHERN AUTOGROUP LLC, and
KANHIY A KINNEY GALANI,

/

Defendants.

JACK B. WEINSTEIN, Senior United States District Judge:
On August 15, 2011, the court entered a memorandum and order denying plaintiffs
motion for class certification ("August 15 Order"). Plaintiff now moves for reconsideration of
the court' s denial of class certification with regard to plaintiffs claim under section 349 of the
New York General Business Law and the court's determination that plaintiff is not an adequate
representative of the class.
Plaintiffs motion is denied. No reason has been given to reconsider the court's August
15 Order. None of the grounds for relief from a court order articulated in rule 60 of the Federal
Rules of Civil Procedure have been shown. The court thoroughly considered the issues raised in
plaintiffs motion to reconsider when it denied class certification in its August 15 Order.
Plaintiff's motion to adjourn the trial and pre-trial brief schedule is denied. Trial on
plaintiffs individual claims shall proceed on September 12, 2011.

SO ORDERED.

/1

;d~

,Jack B. Weinstein
Senior United States District Judge
Dated: September 6, 20 II
Brooklyn, New York

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