Opinion
00 Civ. 5753 (LAK)
March 13, 2003
ORDER
Plaintiff, by notice of motion dated and, it appears, filed on March 12, 2003, again has moved for a new trial. He characterizes this as "an amendment to his initial Rule 59 motion" (Pl. Mem. 1), which was denied in an opinion and order dated and entered on February 25, 2003. Final judgment of dismissal was filed on February 25, 2003 and entered on the docket on February 26, 2003. The motion is denied.
The motion is frivolous. The ruling precluding the plaintiff from calling certain witnesses, in the Court's view, was entirely justified. In any case, plaintiff has failed to preserve the point for appeal because he never made any meaningful offer of proof, if indeed he made any at all, with respect to the anticipated testimony of these individuals.
The Court has not verified that the persons identified in the present motion in fact were precluded by its prior orders, as the point is not material.
Plaintiff objects that the prior Rule 59 motion was decided without awaiting a response from the defendants. With all due respect, plaintiff lacks any basis for making any such complaint. He made the best application he could. It was groundless on its face. Certainly the defendants were not obliged to respond, and the Court was not obliged to put them to the expense of doing so in these circumstances.
Plaintiff asks also that the Court reconsider its February 25, 2003 ruling, which denied the prior motion for a new trial. The request is denied both because it is untimely (see S.D.N.Y. Civ. R. 6.3 (10 days after docketing of the determination of the original motion, which occurred on February 25, 2003, 11 days prior to the filing of the present motion) and because plaintiff has failed to demonstrate that the Court overlooked any matters or controlling decisions (see id.).
In sum and substance, this motion is yet another baseless attempt to reargue matters already decided and to place before the Court material which, if it has any bearing at all, should have been adduced long ago.
Motion denied in all respects.
SO ORDERED.