The opinion of the court was delivered by: Hurley, District Judge
Plaintiff Stephanie Bucalo ("Plaintiff") filed the present action against defendant Shelter Island Union Free School District ("Defendant" or the "District") for violations of the Age Discrimination in Employment Act (the "ADEA"), Title VII, and the New York State Human Rights Law ("NYSHRL"), claiming that she was discriminated against on the basis of her age and in retaliation for her filing of a claim of discrimination with the Equal Employment Opportunity Commission ("EEOC"). By Memorandum of Decision and Order dated February 1, 2007, the Court denied both Plaintiff's and Defendant's motions for summary judgment. Plaintiff now moves for reconsideration. For the reasons that follow, Plaintiff's motion is denied.
The background of this case is set forth in the February 1, 2007 Order, familiarity with which is assumed. Thus, the Court will only state the facts necessary for disposition of the instant motion.
In July 1999, Plaintiff applied for a school librarian position with the District. She was interviewed by then Superintendent Gilbert DeCicco who declined to hire her. She subsequently filed a charge of age and sex discrimination against the District with the EEOC but did not file a lawsuit arising out of this incident.
Thereafter, in May 2003, Plaintiff reapplied for the same position. She was 46 years old. Of the twelve candidates who applied, Kenneth Lanier ("Lanier"), the District's new Superintendent, selected four candidates to receive interviews; Plaintiff was not chosen. Both parties agree that Lanier was the sole decision maker in this regard. The four finalists were interviewed by a six-person committee, including Lanier. The position was ultimately offered to Christina Chrabolowski, a 32-year old female.
Plaintiff initiated the present lawsuit on July 27, 2004, alleging discrimination based on her age and retaliation based on her initial EEOC complaint. In February 2005, Defendant noticed Lanier for a videotaped deposition. Lanier responded that he was too ill with Lou Gehrig's disease to be deposed. However, on March 16, 2005, Lanier provided Defendant with an affidavit wherein he advanced his rationale for not granting Plaintiff an interview and explained why the District ultimately decided to hire Ms. Chrabolowski. On June 21, 2005, Lanier produced a second affidavit wherein he affirmed the statements made in his previous affidavit and asserted that his health was deteriorating rapidly. Approximately six weeks later, on August 7, 2005, Lanier passed away.
Thereafter, both Plaintiff and Defendant moved for summary judgment. By Memorandum of Decision and Order dated February 1, 2007, the Court denied both motions. Plaintiff now moves for reconsideration. For the reasons stated below, Plaintiff's motion is denied.
I. Applicable Legal Standard for Reargument
The standard for a motion for reconsideration "is strict, and reconsideration will generally be denied unless the moving party can point to 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); see also Arum v. Miller, 304 F. Supp. 2d 344, 347 (E.D.N.Y. 2003) ("To grant such a motion the Court must find that it overlooked matters or controlling decisions which, if considered by the Court, would have mandated a different result.") (citation and internal quotation marks omitted). "The major grounds justifying reconsideration are 'an intervening change of controlling law, the availability of new evidence, or the need to correct a clear error or prevent manifest injustice.'" Virgin Atl. Airways, Ltd. v. Nat'l Mediation Bd., 956 F.2d 1245, 1255 (2d Cir. 1992) (quoting 18 C. Wright, A. Miller & E. Cooper, Federal Practice & Procedure § 4478 at 790). Thus, a "party may not advance new facts, issues, or arguments not previously presented to the Court." Nat'l Union Fire Ins. Co. v. Stroh Cos., 265 F.3d 97, 115 (2d Cir. 2001) (quoting Polsby v. St. Martin's Press, No. 97 Civ. 690, 2000 WL 98057, at *1 (S.D.N.Y. Jan. 18, 2000).
II. Plaintiff's Motion for Reconsideration is Denied
A. The February 1, 2007 Order
In the February 1, 2007 Order, the Court found that Plaintiff had met her burden of production by establishing a prima facie case of discrimination and retaliation. At this point, the burden of production shifted to the District to articulate a legitimate, nondiscriminatory reason for its actions. Plaintiff argued that the District was unable to meet this burden because Lanier, the sole decision maker behind Plaintiff's 2003 rejection, was deceased. Plaintiff further contended that Lanier's two affidavits were inadmissible and, thus, could not be considered by the Court on a summary judgment motion. Defendant countered generally that the ...