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)

3ti

?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)