Anwar et al v. Fairfield Greenwich Limited et al
Filing
1104
DECISION AND ORDER: Accordingly, the Court hereby DENIES the Morning Mist Derivative Plaintiffs' request for a pre motion conference (Dkt. No. 1102), deems the Morning Mist Derivative Plaintiffs' March 27, 2013 letter a motion for reconsideration and DENIES the Morning Mist Derivative Plaintiffs' motion for reconsideration. (Signed by Judge Victor Marrero on 4/3/2013) (js)
-~tJS!bc S~y
DOC;
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
,
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EI,ECTRO~lCALLY
-poc#:
------X
"
?PAlE OLEO;
.:",
,
PASHA S. ANWAR, et al.,
Plaintiffs,
DECISION AND ORDER
- against
FAIRFIELD GREENWICH LIMITED,
et al.,
Defendants.
- X
VICTOR MARRERO, United States District Judge.
By
letter
Derivative
dated
Plaintiffs
March
27,
sought
a
2013,
the
pre-motion
Morning
Mist
conference
to
address a motion for reconsideration of the Court's March
22,
2013 approval of the partial settlement in this matter.
The Morning Mist Derivative Plaintiffs based this request
on the recent decision in
1222646
(2013).
Plaintiffs
By
objected
letter
to
Plaintiffs'
request,
application
to
the
~omcast
Corp. v. Behrend, 2013 WL
dated
the
29,
Morning
Mist
that
2013,
Comcast
arguing
Court's
March
decision.
the
Derivative
The
has
no
Settling
Defendants concur with the Plaintiffs' position.
Reconsideration of a previous order by the court is an
"extraordinary
interests of
remedy
to
be
employed
sparingly
finality and conservation of
scarce
in
Supp.
the
judicial
resources."
F.
113
2d
613,
614
(S.D.N.Y.
1
2000)
,
FILTiD
(ci tations
and
"The provision for reargument is
quotation marks omitted)
not
designed
to
already briefed,
allow
wasteful
considered and decided.
reconsideration
are
'an
intervening
justifying
manifest
law,
controlling
the
availabili ty
or the need to correct a
Ltd.
956 F.2d 1245 /
18
A.
Wrightl
Procedure
§
4478
Miller
at
of
790)
(2d Cir.
1255
E.
&
Cooperl
To
new
clear error or prevent
injustice.'ff
Mediatio~~Bd.,
C.
schonberger v.
/I
"The major
grounds
evidence,
arguments
(S.D.N.Y. 1990).
742 F. Supp. 108,
in
of
119
Serchuk:,
change
repetition
1992)
Federal
these
v.
ends,
a
Nat'l
(quoting
Practice
request
&
for
reconsideration under Rule 6.3 of this Court's Local Civil
Rules,
which
demonstrate
governs
motions
controlling
for
law or
reconsideration l
factual
matters
must
put before
the court in its decision on the underlying matter that the
movant
believes
the
court
overlooked
reasonably be expected to alter the
the court.
257
that
might
conclusion reached by
'_~_~.T.!~n~p.
1
Inc.
70 F. 3d 255,
1
(2d Cir. 1995).
Upon
finds
of
See Shrader v
and
the
that
review
of
the
parties'
reconsideration of
partial
settlement
is
submissions,
the March 221
not
the
2013
warranted.
Court
approval
In Comcast,
the Supreme Court held that a
class action was
improperly
certified
court
"entertain
where
the
lower
-2
did
not
arguments against respondents'
damages model
the propriety of class certification,
determination."
be
also
would
arguments
Comcast,
simply because those
pertinent
2013
WL
that bore on
12226464,
merits
the
to
at
*5.
The
Comcast ruling does not address class action settlements or
the specific issues relevant to the Court's approval of the
partial settlement.
Therefore, the Morning Mist Derivative
Plaintiffs have failed to identify any controlling law or
factual matters put to the Court on the underlying motion
that the Court demonstrably did not consider.
Accordingly,
the Court hereby DENIES the Morning Mist
Derivative Plaintiffs'
(Dkt.
No.
Plaintiffs'
1102),
March
reconsideration
and
request for a pre motion conference
deems
the
Morning
27,
2013
letter
a
Morning
Mist
DENIES
the
Mist
Derivative
motion
Derivative
Plaintiffs' motion for reconsideration.
SO ORDERED.
Dated:
New York, New York
3 April 2013
Victor Marrero
U.S.D.J.
-3
for
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