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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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┬ęD, UNITED STATES JUDGE DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA A0 72A (Rev. 8/82)

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