Opinion
05 CV 4296 (TPG).
March 16, 2007
OPINION
On August 3, 2006 the court issued an opinion granting defendants' motion for summary judgment and dismissing the complaint with prejudice. Pro se plaintiff now moves for reconsideration under Fed.R.Civ.P. 59(e).
To prevail on a motion for reconsideration under Rule 59(e), plaintiff must present facts or controlling law that the court overlooked which may have materially influence its earlier decision. Trs. of Columbia Univ. v. Betancourt, No. 04 Civ. 3638, 2005 U.S. Dist. LEXIS 17500, at *5 (S.D.N.Y. 2005). Plaintiff bears a heavy burden, because such motions are not intended to be vehicles for "presenting the case under new theories, securing a rehearing on the merits, or otherwise taking a second bite at the apple." Sequa Corp. v. GBJ Corp., 156 F.3d 136, 144 (2d Cir. 1998). Despite her lengthy memoranda in support of the current motion, plaintiff has not made such a showing.
Plaintiff's motion is denied.
SO ORDERED