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EFG Bank AG, Cayman Branch v. AXA Equitable Life Ins. Co.

Swiss Criminal Code, Police Agency Rulings Prevent Hague Convention's Use in Discovery

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MEMORANDUM OPINION AND ORDER

*1  In a text-only Order entered on February 15, 2018, the Court denied a letter motion by Plaintiff EFG Bank, AG, Cayman Branch (“EFG”) seeking a protective order requiring Defendant AXA Equitable Life Insurance Company (“AXA”) to use the Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters of March 18, 1970 (“the Hague Convention”) to obtain certain EFG documents located in Switzerland. (Docket No. 105). On March 1, 2018, EFG filed a motion for reconsideration of that decision. (Docket No. 113). Motions for reconsideration are governed by Federal Rule of Civil Procedure 59(e) and Local Civil Rule 6.3, which are meant to “ensure the finality of decisions and to prevent the practice of a losing party examining a decision and then plugging the gaps of a lost motion with additional matters.” Medisim Ltd. v. BestMed LLC, No. 10-CV-2463 (SAS), 2012 WL 1450420, at *1 (S.D.N.Y. Apr. 23, 2012). A district court “has broad discretion in determining whether to grant a motion [for reconsideration].” Baker v. Dorfman, 239 F.3d 415, 427 (2d Cir. 2000). Such a motion “is appropriate where ‘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

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