-GWG Khaldei v. Kaspiev, No. 1:2010cv08328 - Document 126 (S.D.N.Y. 2014)

Court Description: MEMORANDUM OPINION AND ORDER. The Court has reviewed three letters from Plaintiff's counsel and one letter from Defendant's counsel regarding Plaintiff's application for reconsideration of the Court's December 5, 2013 Opinion. For all of the reasons as stated herein, and because Plaintiff supplies no new support for her position, there is no basis for reconsideration of the prior ruling. See Shrader, 70 F.3d at 257. The motion is denied. Plaintiff's submissions also disc uss whether she should testify at the upcoming evidentiary hearing. The Court expects the essential question at the hearing will be "'whether defendant had actual knowledge of the litigation.'" Khaldei, 2013 WL 6331794, at *6 (quo ting Lapatka Assocs., 2011 WL 2636975, at *2-3)). Counsel may call whoever they wish, but it is not clear to the Court how Plaintiff's testimony would be probative of that question. Accordingly, the hearing will not be adjourned. (Signed by Judge John F. Keenan on 1/13/2014) (rjm)

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