United States District Court, S.D. New York
April 19, 2005.
JONATHAN HAKALA, Plaintiff,
J.P. MORGAN SECURITIES, INC., Defendant.
The opinion of the court was delivered by: LEWIS KAPLAN, District Judge
Plaintiff moves for reconsideration of the judgment and related
Plaintiff's grievance is with the Court's conclusion that his
petition, insofar as it sought to vacate or modify part of the
arbitration award, was not timely filed and was barred by the
relevant statute of limitations. Much of his present submission
is devoted to the merits of his contention with respect to the
arbitration award and thus is not material to the present issue.
Insofar as plaintiff's papers are addressed to the limitations
issue, they are merely an attempt to relitigate the matter,
including the factual issues resolved against plaintiff after an
evidentiary hearing at which he testified and was afforded an
opportunity to present whatever evidence he wished to present. No
valid reason is assigned for permitting such relitigation.
Moreover, plaintiff now attempts to support the application with
affidavits from persons whom he could have called, but did not
call, as witnesses at the hearing and an additional affidavit of
his own containing matters to which he could have testified, but
did not testify, when he took the stand all of this in the face
of S.D.N.Y. Civ. R. 6.3, which forbids the filing of affidavits
on a motion for reconsideration absent leave of court, which
plaintiff did not obtain.
Plaintiff of course is correct in noting that pro se
litigants are to be afforded considerable leeway. The Court has
afforded him precisely that. But he is entitled to no more.
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