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O'HAGAN v. SOTO

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK


June 14, 1983

BRIAN O'HAGAN, Plaintiff, against HECTOR L. SOTO, Defendant.

The opinion of the court was delivered by: MOTLEY

MEMORANDUM OPINION AND ORDER

On May 20, 1983, this court vacated its judgment entered on July 6, 1981 pursuant to Fed. R. Civ. P. 60(b)(6). The court then immediately reentered that judgment in order to extend the time limit within which the court could offer the plaintiff the option to accept a remittitur or to submit to a new trial on the issue of damages. *fn1" See Fed. R. Civ. P. 59(d) (ten day limit from date of entry of judgment); Felshina v. Schweiker, 707 F.2d 71, slip op. at 3859 (2d Cir. 1983) (vacation by district court of February 1982 judgment and reentry on August 12, 1982 in order to extend time limit for appeal was proper and appeal was timely).

This court then offered plaintiff the option to remit all but $1 in nominal damages or to submit to a second trial on the issue of damages. Plaintiff accepted the remittitur on the record and this court discontinued this action. Plaintiff has now submitted an application for attorneys' fees.

 By order filed January 14, 1983, this court ordered that any application for attorneys' fees be filed by January 21, 1983. Four months later on May 26, 1983, plaintiff submitted the instant application and has offered no explanation for the delay. *fn2" The motion is denied as untimely.

 SO ORDERED


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