Opinion
99 Civ. 8926, 99 Civ. 9887, M-21-81 (BSJ), MDL Docket No. 1291.
April 5, 2010
Order
On February 16, 2010, Defendant Andrx Pharmaceuticals, Inc. ("Andrx") filed a motion to reargue or for reconsideration of the Court's February 2, 2010 decision, which granted Plaintiffs Astra Aktiebolag, Aktiebolaget Hässle, KBI-E, Inc., KBI, Inc., and Astrazeneca LP KBI-E, INC., KBI, INC. and Astrazeneca LP's motion to supplement and denied Andrx's counterclaim motion and Andrx's willfulness motion.
Reargument or reconsideration is warranted where a court has overlooked matters or controlling decisions which, had they been considered, might reasonably have altered the result, or where relief is warranted to correct a clear error or to prevent manifest injustice. See Local Rule 6.3; see also Shrader v. CSX Transp., Inc., 70 F.3d 255, 257 (2d Cir. 1995). "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. After reviewing the parties' submissions, the Court finds that it has not overlooked any controlling decision or other matters that might alter its decision.
Therefore, Andrx's motion to reargue or for reconsideration of the Court's February 2, 2010 decision is DENIED.
SO ORDERED: