Acharya v. 7-Eleven, Inc. ( 2021 )


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  • UNITED STATES DISTRICT COURT ELECTRONICALLY FILED SOUTHERN DISTRICT OF NEW YORK DOC #: DATE FILED: 10/25/2 021 DEVANDRA RAJ ACHARYA, Individually and on Behalf of All Others Similarly Situated, Plaintiff, 1:18-cv-08010 (MKV) -against- ORDER JIMMY K. SOLANKI, Defendant. MARY KAY VYSKOCIL, United States District Judge: On August 18, 2021, the Court held a hearing on Plaintiff’s Motion for Default Judgment [ECF No. 84]. The Court granted the Motion in part and referred the case to Judge Cott for an inquest on damages. [ECF Nos. 97, 98]. On October 22, 2021, Plaintiff filed a Motion for Reconsideration of the Court’s Order granting in part the Motion for Default Judgment. [ECF No. 102]. Local Civil Rule 6.3 provides that “a notice of motion for reconsideration or reargument of a court order determining a motion shall be served within fourteen (14) days after the entry of the Court’s determination of the original motion.” The deadline for reconsideration “is not merely a procedural quirk, it serves to protect the integrity of proceedings before the Court by ensuring some measure of finality.” United States v. Reichberg, No. 1:16-cr-468-GHW, 2018 U.S. Dist. LEXIS 211783, 2018 WL 6599465, at *9 (S.D.N.Y. Dec. 14, 2018) (internal quotation marks omitted). For that reason, courts “in this Circuit routinely deny untimely motions for reconsideration without considering their merits.” Beckles v. City of New York, No. 08 Civ. 3687(RJH)(JCF), 2010 U.S. Dist. LEXIS 45423, 2010 WL 1841714, at *4 (S.D.N.Y. May 10, 2010). Plaintiff has filed his Motion for Reconsideration almost a full two months after the Court entered its order determining the Motion for Default Judgment. Accordingly, the Court denies the Motion for Reconsideration [ECF No. 102] as untimely. SO ORDERED. | i . . Date: October 25, 2021 MARY eh rigtbon 4 New York, NY United States Distvict Judge

Document Info

Docket Number: 1:18-cv-08010

Filed Date: 10/25/2021

Precedential Status: Precedential

Modified Date: 6/26/2024