Junior-Tony Dieujuste v. Sin
1:23-cv-07805
E.D.N.YMay 22, 2024Background
- Plaintiff Junior-Tony Dieujuste, proceeding pro se, sued Judge Jessica Sin and Clerk of Court Keisha Kearse, both of the New York Family Court, for alleged trademark infringement, slander, libel, and failure to protect.
- The Court previously granted the Defendants’ motion to dismiss the complaint and entered judgment, closing the case in April 2024.
- Dieujuste filed a letter-motion requesting reconsideration of the dismissal, arguing his legal references were not addressed and that he was deprived of a hearing.
- The Court noted that Plaintiff did attend a pre-motion conference and that his filings, as a pro se litigant, were given special solicitude and reviewed fully.
- The Court emphasized that motions for reconsideration face a strict standard and cannot be used simply to reargue prior issues or raise new ones that could have been presented earlier.
- The Court denied Plaintiff’s motion for reconsideration, finding he failed to present any new controlling law, new evidence, or show manifest injustice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standard for reconsideration | Court overlooked legal authorities and denied a full hearing | Dismissal was proper; standards not met | Reconsideration denied; standard not met |
| Opportunity for hearing/procedure | Was not given a chance to address ambiguities | Plaintiff had pre-motion conference | Plaintiff had opportunity; claim rejected |
| Consideration of pro se submissions | Legal references not duly considered | Submissions were considered in full | Court applied proper standard, reviewed fully |
| Raising new or previously rejected arguments | Entitled to advance new arguments or repackage old ones | Such arguments are barred on reconsideration | Not permitted on a motion for reconsideration |
Key Cases Cited
- Shrader v. CSX Transp., Inc., 70 F.3d 255 (2d Cir. 1995) (sets forth the strict standard for reconsideration motions)
- Virgin Atl. Airways, Ltd. v. Nat’l Mediation Bd., 956 F.2d 1245 (2d Cir. 1992) (motions for reconsideration require new law, new evidence, or manifest injustice)
- Hughes v. Rowe, 449 U.S. 5 (1980) (pro se litigant filings are held to a less stringent standard)