United States District Court, Eastern District of New York
September 5, 2003
LJILJANA SOVULJ, AS THE EXECUTRIX OF THE ESTATE OF NEDILJKO SOVULJ, ET. AL. PLAINTIFFS,
UNITED STATES OF AMERICA, UNITED STATES BUREAU OF PRISONS, IMMIGRATION AND NATURALIZATION SERVICE, AND DOES 1-5, DEFENDANTS
The opinion of the court was delivered by: Frederic Block, District Judge
MEMORANDUM AND ORDER
On July 2, 2003 the Court issued a Memorandum and Order, dismissing plaintiff Ljiljana Sovulj's ("plaintiff") negligence and loss of consortium claims, but denying defendants' motion to dismiss her wrongful death claim. Defendants move the Court for reconsideration. The motion is denied.
A motion for reconsideration should be granted if the applicant can "`point to controlling decisions or data that the court overlooked — matters, in other words, that might reasonably be expected to alter the conclusion reached by the court.'" Belmont v. Page 2 Associates Nat'l Bank, 219 F. Supp.2d 340, 342 (quoting Shrader v. CSX Transp., Inc., 70 F.3d 255, 257 (2d Cir. 1995)). Defendants argue that the Court failed to consider controlling decisions when it found that the plaintiff had given legally sufficient notice of her wrongful death claim, thereby satisfying the presentment requirements of the Federal Tort Claims Act, 28 U.S.C. § 2675(a). Defendants' argument is simply a reiteration of the contentions previously made and rejected. The Court fully considered the Second Circuit decisions relied upon by defendants when determining that plaintiff's administrative claim "presented sufficient evidence for the agency to begin an investigation." Ljiljana Sovulj, et. al v. United States of America, et. al, 98-CV-5550 (E.D.N.Y. July 2, 2003).
SO ORDERED. Page 1
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