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ATKINSON v. GOORD

United States District Court, S.D. New York


October 15, 2004.

REGINALD ATKINSON, Plaintiff,
v.
GLENN S. GOORD, et al., Defendants.

The opinion of the court was delivered by: LEWIS KAPLAN, District Judge

ORDER

Defendants move for reconsideration of certain aspects of the Court's order of September 23, 2004, which granted in part and denied in part their motion to dismiss. The motion for reconsideration is granted. On reconsideration the Court adheres to its original decision except that the matter is recommitted to Magistrate Judge Pitman for consideration of the arguments for dismissal that were not reached in the report and recommendation and, in consequence, in this Court's decision. Def. Mem. 2-3. Defendants' contention that the Court is not entitled to consider a lack of prejudice to a defendant in deciding whether to dismiss an otherwise time barred claim under Rule 4(m) is not well taken, as the issue is addressed to the Court's discretion. The qualified immunity argument made at pages 5-7 of their memorandum is rejected for reasons stated in the Court's order of even date in Atkinson v. Selsky, 03 Civ. 7759 (LAK).

SO ORDERED.

20041015

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