Adigun v. Express Scripts, Inc.
Filing
58
ORDER denying 50 Plaintiff's Motion for Reconsideration. Signed by Judge Lisa G. Wood on 5/15/2017. (csr)
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?l9ntteli ^tates( Btsitrict Conrt
tor tl^e ^onttient I9t0tritt ot Georgia
i^ntnoliitck BtliiOton
LORETTA C.
ADIGUN,
Plaintiff,
CV 216-39
V.
EXPRESS SCRIPTS,
INC.,
Defendant.
ORDER
Presently before the Court is Plaintiff Loretta C, Adigun's
(^"Plaintiff")
Motion for Reconsideration
reasons stated below,
(Dkt.
No.
50) .
For the
the motion is DENIED.
LEGAL STANDARD
A party may seek to alter or amend a
judgment in a
case within 28
days after the entry of the
Civ.
Reconsideration of a judgment after its entry is
P.
59(e).
judgment.
civil
Fed.
an extraordinary remedy which should be used sparingly.
V.
Astrue,
July
31,
No.
l:12-CV-082,
2012).
A
Rule
litigate
old
matters,
evidence
that
could
judgment,
2012
59(e)
raise
have
been
WL
3113942,
motion
new
may
not
arguments
raised
at
prior
be
or
to
^1
Bostic
(S.D.
used
to
present
the
R.
entry
as ''the only grounds for granting a Rule 59(e)
Ga.
re-
new
of
motion
are
newly-discovered
fact."
Arthur v.
evidence
King,
500
or
F.3d 1335,
(internal quotations omitted).
rehashing
arguments
already
manifest
680,
1343
of
law
(11th Cir.
or
2007)
""Rule 59(e) is not a vehicle for
rejected
refuting the court's prior decision."
at *1
errors
by
the
court
or
for
Bostic, 2012 WL 3113942,
(quoting Wendy's Int'l v. Nu-Cape Const., Inc., 169 F.R.D.
686
(M.D. Ga. 1996)).
DISCUSSION
Plaintiff
has
failed
to
demonstrate
newly
discovered
evidence or manifest errors of law or fact that would justify a
finding that the Court should amend or alter its previous order.
Plaintiff
restyles
arguments
previously
considered
and
raises
new arguments that could have been made before dismissal of her
claims.
alter,
Neither form "of argument is appropriate on a motion to
amend
Plainly,
or
vacate.
Bostic,
2012
WL
3113942,
at
*1.
Plaintiff asks the Court to do something it cannot do-
find an absence of a genuine issue of material fact before the
parties have developed the facts of the case through discovery.
Plaintiff
may
refile
a
Motion
for
Summary
Judgment
at
the
appropriate time,
but her previous motion was premature and her
current
for
such.
petition
reconsideration
does
not
alter
that.
Plaintiff's Motion for Reconsideration will be denied.
As
CONCLUSION
For the reasons stated above.
Motion for Reconsideration
(Dkt. No.
Plaintiff Loretta C. Adigun's
50)
SO OBDERED, this 15th day of May,
is DENIED.
2017.
LISA GODBEY WO©D,
UNITED STATES
JUDGE
DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
A0 72A
(Rev. 8/82)
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