Opinion
00 CIV. 6150 (DLC)
May 31, 2002
MEMORANDUM OPINION AND ORDER
On March 29, 2002, summary judgment was granted in part to defendant Credit Lyonnais Securities (USA) Inc. ("CLS"). CLS's motion for summary judgment was denied with respect to plaintiff James Alban-Davies's ("Alban-Davies") retaliatory demotion claim based upon an October 2000 reorganization that resulted in Alban Davies's losing his position as Head of Emerging Markets, his direct reports and his supervisory responsibilities. This sole remaining claim has been set down for trial on August 19, 2002. CLS now moves for reconsideration of the denial of summary judgment on the retaliatory demotion claim.
A party moving for reconsideration must "set [ ] forth concisely the matters or controlling decisions which counsel believes the court has overlooked." Local Civil Rule 6.3. Thus, to be successful on a motion for reconsideration, the movant must demonstrate that the Court has overlooked controlling decisions or factual matters that were presented to it on the underlying motion. Eisemann v. Greene, 204 F.3d 393, 395 n. 2 (2d Cir. 2000). In support of its motion for reconsideration, CLS points to deposition testimony not described in the March 29 decision, and argues the strengths of the inferences that may be drawn from the evidence. Weighing of the evidence is a task for the jury. Accordingly, the defendant's motion for reconsideration is denied.