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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FllEu 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 2

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