PITTMAN v. PEDIATRIC SERVICES OF AMERICA
ORDER denying 16 Motion to Set Aside. Ordered by Judge Hugh Lawson on 8/16/2012. (nbp)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
SONIA W. PITTMAN,
Civil Action No. 7:11-CV-159(HL)
PEDIATRIC SERVICES OF AMERICA,
Before the Court is Plaintiff Sonia W. Pittman’s Motion to Set Aside (Doc.
16). For the reasons stated below, the Motion is denied.
This Court previously granted Defendant Pediatric Services of America’s
Motion to Dismiss based on Pittman’s failure to exhaust her administrative
remedies (Doc. 10). The Court found that Pittman failed to submit her charge of
discrimination to the EEOC within the statutory period and judgment was entered
in favor of Defendant on March 30, 2012. Pittman filed a Motion for
Reconsideration after judgment was entered, arguing that she did, in fact, submit
her charge of discrimination on time. However, the Court found that Pittman did
not present any evidence that justified vacating the judgment. (Doc. 15.)
Now, in her most recent motion, Pittman asks the Court to set aside its
judgment in favor of Defendant on the grounds that Defendant has submitted
“motions, memorandums, and statements [that are] not … factual.” (Doc. 16, p.
1.) Pittman claims that Defendant “has deceived this Court in reference to the
fact of the filing date in believing complaint was not filed in a timely manner.” Id.
Despite her arguments, Pittman has not submitted any evidence in her
Motion to Set Aside that has not been previously considered by the Court. The
attachments to her Motion consist only of exhibits that have been considered
earlier in connection with Defendant’s Motion to Dismiss (Doc. 6) and with
Plaintiff’s Motion for Reconsideration (Docs. 12, 13, 14). Without any new
evidence or legal arguments, there is no reason to set aside the judgment that
was rendered in favor of Defendant. Thus, Pittman’s Motion to Set Aside is
SO ORDERED, this 16th day of August, 2012.
s/ Hugh Lawson
HUGH LAWSON, SENIOR JUDGE
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