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McDonough v. Smith

United States District Court, N.D. New York

May 8, 2017

EDWARD G. MCDONOUGH, Plaintiff,
v.
YOUEL C. SMITH, III, individually and as Special District Attorney for the County of Rensselaer, New York a/k/a TREY SMITH; RICHARD J. MCNALLY, JR., individually and as District Attorney for the County of Rensselaer, New York; KEVIN B. MCGRATH; JOHN F. BROWN; WILLIAM A. MCINERNEY; JOHN J. OGDEN; KEVIN F. O'MALLEY; DANIEL B. BROWN; ANTHONY J. RENNA; ALAN T. ROBILLARD; THE COUNTY OF RENSSELAER, NEW YORK, Defendants.

          Premo Law Firm Attorneys for Plaintiff

          Anderson, Moschetti Law Firm Attorneys for Defendant McGrath

          Office of James E. Long Attorneys for Defendant McInerney

          Attorney General Office - Albany. Attorneys for Defendant Ogden

          Anthony J. Renna Defendant, pro se

          Brian D. Premo, Esq., Peter J. Moschetti, Jr., Esq., James E. Long, Esq., William A. Scott, AAG

          MEMORANDUM-DECISION AND ORDER

          Mae A. D'Agostino, U.S. District Judge.

         I. INTRODUCTION

         Plaintiff Edward G. McDonough ("Plaintiff") commenced this action by filing a 174 page, 1220 paragraph complaint on December 18, 2015, asserting three causes of action pursuant to 42 U.S.C. § 1983 ("Section 1983") against eleven named Defendants. See Dkt. No. 1. In a Memorandum-Decision and Order dated September 30, 2016, the Court dismissed Plaintiff's claims against Defendants O'Malley, Robillard, McNally, and John and Daniel Brown. See Dkt. No. 114. The Court dismissed all of Plaintiff's claims against Defendant McInerney except for Plaintiff's Section 1983 conspiracy to commit malicious prosecution claim. See Id. at 51. In a Memorandum-Decision and Order dated December 30, 2016 (the "Prior Decision"), the Court dismissed all of Plaintiff's claims against Defendants Smith and the County of Rensselaer. See Dkt. No. 121 at 39. The Court dismissed all of Plaintiff's claims against Defendant Ogden except for Plaintiff's Section 1983 conspiracy to commit malicious prosecution claim. See Id. at 39.

         On January 13, 2017, Defendant Ogden filed a motion for reconsideration of the Court's December 30, 2016 Memorandum-Decision and Order, see Dkt. No. 123, which Plaintiff opposes, see Dkt. No. 127. Currently before the Court is Defendant Ogden's motion for reconsideration.

         II. BACKGROUND

         The Court assumes the parties' familiarity with the factual background of this case, which has been extensively discussed in the Court's prior rulings.

         III. DISCUSSION

         Motions for reconsideration proceed in the Northern District of New York under Local Rule 7.1(g). See Maye v. New York, No. 1:10-cv-1260, 2011 WL 4566290, *2 n.6 (N.D.N.Y. Sept. 29, 2011). "'In order to prevail on a motion for reconsideration, the movant must satisfy stringent requirements.'" Id. (quoting C-TC 9th Ave. P'ship v. Norton Co. (In re C-TC 9th Ave. P'ship), 182 B.R. 1, 2 (N.D.N.Y. 1995)). A motion for reconsideration "will generally be denied unless the moving party can point to controlling decisions or 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). "The prevailing rule 'recognizes only three possible grounds upon which motions for reconsideration may be granted; they are (1) an intervening change in controlling law, (2) the availability of new evidence not previously available, or (3) the need to correct a clear error of law or prevent manifest ...


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