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Lewis v. National Financial Systems

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


September 24, 2007

VIKKI D. LEWIS, INDIVIDUALLY AND ON BEHALF OF ALL OTHER PERSONS SIMILARLY SITUATED, PLAINTIFF,
v.
NATIONAL FINANCIAL SYSTEMS, INC., DEFENDANT.

The opinion of the court was delivered by: Lindsay, Magistrate Judge

ORDER

Before the court is the plaintiffs' letter application dated September 20, 2007, seeking to have the court reconsider its September 12, 2007 order denying the plaintiffs' application to equitably toll the limitation period for the potential opt-in collective action members. The defendant opposes the motion by letter dated September 21, 2007. The motion is not a proper. To succeed on this motion for reconsideration, the plaintiffs must show that the Court overlooked controlling decisions or factual matters that were put before it on the underlying motion. See Local Civil Rule 6.3. The plaintiff was given a full opportunity to submit cases to the court before it reached its September 12th decision and missed one. Thus, the motion, which is based on "additional supplemental authority" is denied.

SO ORDERED.

ARLENE R. LINDSAY United States Magistrate Judge

20070924

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