Komatsu v. The City of New York et al

Filing 296

ORDER terminating 248 Letter Motion to Compel. It is hereby ORDERED that Plaintiff's motion for reconsideration is DENIED. The Clerk of Court is respectfully directed to mail a copy of this Order to the pro se Plaintiff. The Clerk of Court is further respectfully directed to close Docket No. 248, as Docket No. 249 substantially addresses Defendant's requests. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 12/20/2019) (cf) Transmission to Docket Assistant Clerk for processing.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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:
TOWAKI KOMATSU,
:
Plaintiff,
:
:
:
-against:
:
THE CITY OF NEW YORK, et al.,
Defendants. :
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12/20/2019

18 Civ. 3698 (LGS)
ORDER

LORNA G. SCHOFIELD, District Judge:
WHEREAS, on December 3, 2019, the Court denied Plaintiff’s request to file a partial
motion for summary judgment without prejudice to file another request. Dkt No. 281;
WHEREAS, on December 9, 2019, Plaintiff filed a motion for reconsideration of the
Court’s December 3, 2019, Order pursuant to Fed. R. Civ. P. 60. Dkt No. 290. It is hereby
ORDERED that Plaintiff’s motion for reconsideration is DENIED. A motion for
reconsideration may be granted only “when the party identifies an intervening change in
controlling law, the availability of new evidence, or the need to correct a clear error or prevent
manifest injustice.” Farmer v. United States, No. 15 Civ. 6287, 2017 WL 3448014, at *2
(S.D.N.Y. Aug. 10, 2014). Plaintiff’s request does not include new evidence, indicate a change
in controlling law, or establish a clear error or manifest injustice in the December 3, 2019, Order.
The Clerk of Court is respectfully directed to mail a copy of this Order to the pro se
Plaintiff. The Clerk of Court is further respectfully directed to close Docket No. 248, as Docket
No. 249 substantially addresses Defendant’s requests.

Dated: December 20, 2019
New York, New York