Try our Advanced Search for more refined results
Searching dockets in Labonte Law Group x
Alert me of new activity
All Case Activity Alerts Include: Answers, Appeals, Complaints, Motions, Orders, Trial Notes
Civil Rights: Other | New York Eastern
Order on Motion for Reconsideration
ORDER denying 26 Motion for Reconsideration; denying 27 Motion for Reconsideration. Plaintiff moves for reconsideration of the Court's order of March 12, 2026 dismissing his 1 complaint for lack of subject matter jurisdiction, claiming jurisdiction under the Magnuson-Moss Warranty Act. See Dkt. 26. However, Plaintiff's 1 complaint did not allege a claim pursuant to the Magnuson-Moss Warranty Act. Therefore, plaintiff has not established grounds under Rule 60, such as fraud, newly discovered evidence, or mistake, for reconsideration. See Fed. R. Civ. P. 60. However, plaintiff's 1 complaint was dismissed without prejudice, and plaintiff remains free to file an amended complaint alleging a federal cause of action.Additionally, plaintiff's 26 motion for reconsideration contains a screenshot of an artificial intelligence-generated response as support. Plaintiff is warned that Federal Rule of Civil Procedure 11 imposes a "gatekeeping role" on litigants "to ensure the accuracy of their filings" and that submitting unedited, AI-generated text to the Court runs the risk of hallucinations, which can be sanctionable conduct. See Mata v. Avianca, Inc., 678 F. Supp. 3d 443, 466 (S.D.N.Y. 2023). The Clerk of Court is directed to mail a copy of this Order to plaintiff at his address of record. Ordered by Judge Eric N. Vitaliano on 7/20/2026. (MVZ)
Contract: Recovery/Enforcement | New York Eastern
Scheduling Order
ORDER: The Court is in receipt of Plaintiff's well taken request to clarify its June 29, 2026 Order regarding expert discovery. ECF No. 136 . Plaintiff is directed to file a letter stating whether he intends to depose Defendants' expert and/or notice a rebuttal expert by July 31, 2026. The Court will set further deadlines regarding expert discovery and dispositive motion practice upon receipt of Plaintiff's letter. In the absence of additional expert discovery, the deadline to take the first step in dispositive motion practice will remain August 24, 2026. Ordered by Magistrate Judge Clay H. Kaminsky on 7/6/2026. (MAS)
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
TRY LAW360 FREE FOR SEVEN DAYS
Already a subscriber? Click here to login
Email (NOTE: Free email domains not supported)
First Name
Last Name
Job Title
PLEASE NOTE: A verification email will be sent to your address before you can access your trial.
Password (at least 8 characters required)
Confirm Password
Law360 may contact you in your professional capacity with information about our other products, services and events that we believe may be of interest.You’ll be able to update your communication preferences via the unsubscribe link provided within our communications.We take your privacy seriously. Please see our Privacy Policy.