Reversal of opinion, Trellus motion to intervene
Full docket text for document 347: ORDER: For these reasons, the Court vacates its prior decision and grants Trellus's motion to intervene due to "newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move" to amend the initial decision. Fed. R. Civ. P. 60(b)(2). Plaintiffs had previously been unable to obtain the document "despite due diligence," United States v. IBT, 247 F.3d 370, 392 (2d Cir. 2001), because the Court had granted a stay of merits discovery pertaining to Macquarie before ruling on its summary judgment motion. Furthermore, this evidence was "of such importance that it probably would have changed the outcome" of the denial of intervention. Id. Accordingly, pursuant to Rule 60(b), this Court vacates the portion of the October 1, 2013 opinion denying Trellus's motion for intervention. (ECF No. 263.) Trellus's motion to become a party plaintiff is GRANTED pursuant to several Federal Rules of Civil Procedure, including Rules 15, 17, 19, and 21. (Signed by Judge Katherine B. Forrest on 4/7/2014) Filed In Associated Cases: 1:11-cv-02598-KBF et al. ***Docketed in all member and related cases pursuant to instructions from Chambers.(mro)