Susan Levy v. Basf Metals Limited et al
| Susan Levy |
| Basf Metals Limited, BASF Corporation, Goldman Sachs International, Goldman Sachs Group, Inc., Goldman Sachs & CO., Goldman Sachs Execution & Clearing, L.P., HSBC Bank USA NA, ICBC Standard Bank PLC, UBS AG, UBS Securities LLC, London Platinum and Palladium Fixing Company Ltd., London Platinum and Palladium Market and John Does #1-40 |
| 1:2015cv07317 |
| September 16, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Gregory H. Woods |
| Racketeer Influenced and Corrupt Organizations |
| 15 U.S.C. ยง 15 |
| Plaintiff |
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Filing
186
MEMORANDUM OPINION AND ORDER: Plaintiff has not identified any grounds for reconsideration of the Court's order. Her arguments concerning the discovery accrual rule and the relevance of inquiry notice are unavailing, as the Court determined th at Plaintiff had actual notice of her injury as early as 2008. Plaintiff does not point to any new facts or controlling law that the Court overlooked in reaching this conclusion. In addition, Plaintiff's insistence that she is entitled to equi table tolling does not persuade the Court that it overlooked the relevant law in determining that, as a matter of fairness, Plaintiff is not entitled to tolling of her claims when she had actual notice of her injury seven years prior to filing her lawsuit. Finally, Plaintiff's contention that she "did not think that she even needed to address" the legal issues that formed the basis of the Court's decision is not a grounds for reconsideration. Pl.'s Reply at 3. While Ms. Levy is proceeding pro se in this action, she is an attorney, and is therefore not entitled to the special solicitude afforded to non-attorney pro se litigants. See Gundlach v. IBM Japan, Ltd., 983 F. Supp. 2d 389, 393 (S.D.N.Y. 2013), aff 9;d sub nom. Gundlach v. Int'l Bus. Machs. Inc., 594 F. App'x 8 (2d Cir. 2014). Accordingly, Plaintiff's motion for reconsideration is DENIED. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 184, and as further set forth in this order. Motions terminated: 184 MOTION for Reconsideration re; 170 Memorandum & Opinion, filed by Susan Levy. (Signed by Judge Gregory H. Woods on 10/6/2017) (ap)
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Filing
170
MEMORANDUM OPINION AND ORDER: Plaintiff believed that by tweaking her 2012 lawsuit by adding new parties and copying facts from a class action complaint, she could find another route to recover her 2008 losses. This approach cannot succeed. While t he Court recognizes that Ms. Levy feels wronged, plaintiffs cannot simply file new complaints every time they hear of a potential avenue of recovery-particularly after years have passed. Here, Ms. Levy's federal claims are untimely, and she is not entitled to equitable tolling of the elapsed statutes of limitation. Defendants' joint motion to dismiss Plaintiff's Second Amended Complaint is GRANTED. The Clerk of Court is directed to terminate all pending motions and to close the case, and as further set forth in this order. (Signed by Judge Gregory H. Woods on 6/9/2017) (ap)
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