Bryant v. Bank of America et al

Filing 12

ORDER DENYING 10 Motion for Reconsideration. Ordered by Judge Marc Thomas Treadwell on 9/6/2012. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
EARL A. BRYANT,
Plaintiff,
v.
BANK OF AMERICA and MERRILL
LYNCH WEALTH MANAGEMENT,
Defendants.

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CIVIL ACTION NO. 5:12-CV-52 (MTT)

ORDER
This matter is before the Court on the Plaintiff’s Motion for Reconsideration.
(Doc. 10). Pursuant to Local Rule 7.6, “Motions for Reconsideration shall not be filed as
a matter of routine practice.” M.D. Ga. L.R. 7.6. “Reconsideration is appropriate only if
the movant demonstrates (1) that there has been an intervening change in the law, (2)
that new evidence has been discovered which was not previously available to the
parties in the exercise of due diligence, or (3) that the court made a clear error of law.”
Bingham v. Nelson, 2010 WL 339806, at *1 (M.D. Ga.) (internal quotation marks and
citation omitted). “In order to demonstrate clear error, the party moving for
reconsideration must do more than simply restate his prior arguments, and any
arguments which the party inadvertently failed to raise earlier are deemed waived.”
McCoy v. Macon Water Auth., 966 F.Supp. 1209, 1223 (M.D. Ga. 1997) (emphasis
added).
Here, the Plaintiff has not met his burden. He has alleged no intervening change
in the law, has presented no new evidence not previously available to the parties, and

the Court is not persuaded its previous ruling was clearly erroneous. Accordingly, the
Plaintiff’s Motion for Reconsideration is DENIED.
SO ORDERED, this 6th day of September, 2012.

S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT

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