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SYSTEM MANAGEMENT ARTS INC. v. AVESTA TECHNOLOGIES

July 19, 2000

SYSTEM MANAGEMENT ARTS INCORPORATED, PLAINTIFF,
V.
AVESTA TECHNOLOGIES, INC. AND DAVID ZAGER, DEFENDANTS.



The opinion of the court was delivered by: Sweet, District Judge.

OPINION

Defendants Avesta Technologies, Inc. ("Avesta") and David Zager ("Zager") (collectively, the "Defendants") have moved for reconsideration, pursuant to Local Civil Rule 6.3, of this Court's summary judgment opinion of March 1, 2000 (hereinafter, "Smarts I"), insofar as it dismissed several of the Defendants' counterclaims. The Defendants have also moved pursuant to Rule 6.3 to strike from the record the Declaration of John Stellabotte dated March 31, 2000 (the "Stellabotte Declaration") and attached exhibits. These motions are opposed by plaintiffs System Management Arts Incorporated ("Smarts"). For the reasons set forth below, the motion to strike is granted and the motion for reconsideration is denied.

The Parties

Smarts is a corporation organized under the laws of Delaware.

Avesta is a corporation whose principal place of business is in the State of New York.

Zager serves as Avesta's Chief Technology Officer and resides within the State of New York.

Facts and Prior Proceedings

The facts and prior proceedings were set forth in the March 1 Opinion, familiarity with which is assumed. The motion for reconsideration was filed on March 20, 2000 and deemed fully submitted on April 12, 2000. The motion to strike was filed on April 7, 2000 and deemed fully submitted on May 3, 2000.

Discussion

I. The Motion To Strike The Stellabotte Declaration

A motion for reconsideration is not the proper avenue for the submission of new material. See Local Rule 6.3; First Amer. Corp. v. Price Waterhouse LLP, No. M8-85, 1999 WL 148460 (S.D.N.Y. March 18, 1999). Such material should be stricken and disregarded. See Quartararo v. Catterson, 73 F. Supp.2d 270, 273 (E.D.N.Y. 1999). To the extent the Stellabotte Declaration and attached exhibits contain material that is already part of the record, it is unnecessary to resort to these new documents in deciding the motion for reconsideration.*fn1 Therefore, the Stellabotte Declaration and attached exhibits are hereby stricken.

II. Legal Standards For A Motion For Reconsideration

Local Rule 6.3 provides in pertinent part: "There shall be served with the notice of motion a memorandum setting forth concisely the matters or controlling decisions which counsel believes the court has overlooked." Thus, to be entitled to reargument and reconsideration, the movant must demonstrate that the Court overlooked controlling decisions or factual matters that were put before it on the underlying motion. See Ameritrust Co. Nat'l Ass'n v. Dew, ...


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