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Myers v. Hertz Corp.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


July 17, 2006

JENNIFER MYERS, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS,
v.
THE HERTZ CORPORATION, A DELAWARE CORPORATION, DEFENDANT.

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

MEMORANDUM AND ORDER

Plaintiff Jennifer Myers, on behalf of herself and all others similarly situated (collectively "Plaintiffs"), moves for reconsideration of this Court's May 18, 2006 Memorandum of Decision and Order which denied Plaintiffs' request for leave to send notice of this action to all potential opt-in plaintiffs pursuant to 29 U.S.C. § 216(b). The motion for reconsideration is denied. First, it is untimely. Pursuant to Local Rule 6.3, Plaintiffs were required to serve their motion within ten days after the Court's docketing of the original decision, viz. May 18, 2006. Plaintiffs' motion was filed on June 26, 2006 and there is no indication that it was served any earlier. Second, Plaintiffs have not satisfied the strict standard for reconsideration as they have not pointed to any "controlling decisions or [factual] data that the court overlooked -- matters, in other words, that might reasonably be expected to alter the conclusion reached by the court." Shrader v. CSX Transp., Inc., 70 F.3d 255, 257 (2d Cir. 1995). Accordingly, Plaintiffs' motion is denied.

SO ORDERED.

Denis R. Hurley, United States District Judge

20060717

© 1992-2006 VersusLaw Inc.



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