Whitefoot et al v. Sheriff of Clay County et al

Filing 127

ORDER denying 120 Motion for Reconsideration. The stay is LIFTED. Trial is set for 9/18/2017. Discovery is due 7/14/2017. Dispositive motions are due 7/28/2017. Signed by District Judge Sharion Aycock on 2/17/2017. (adm)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
ABERDEEN DIVISION
DAVID J. WHITEFOOT and
ELENA R. WHITEFOOT

PLAINTIFFS

V.

CAUSE NO. 1:14-CV-113-SA-DAS

SHERIFF OF CLAY COUNTY, et al.

DEFENDANTS
ORDER

Plaintiffs, proceeding pro se, filed a Motion Pursuant to Rule 59(e) [120] regarding this
Court’s Order entered on August 22, 2016 [118]. Plaintiffs allege that the Court has made clear
errors upon at least three occasions: (1) when it denied as moot Defendant Clay County’s Motion
to Dismiss for Failure to State a Claim and for Immunity [95]; (2) when it denied Plaintiffs’
Motion for the Court to Rule Clay County’s Motion for Immunity Null and Void [98]; when it
allowed Clay County to amend its Motion to Dismiss [111].
The Federal Rules of Civil Procedure do not specifically provide for a motion for
reconsideration, but the Fifth Circuit Court of Appeals has held that a district court may entertain
such a motion and treat it as a motion to alter or amend under Rule 59(e). Shepherd v. Int'l Paper
Co., 372 F.3d 326, 328 n. 1 (5th Cir. 2004). The Court has considered the arguments presented
by all parties regarding Defendants’ Motion to Dismiss in its original form, as well as in
Defendants’ Amended Motion to Dismiss, and finally, in Plaintiffs’ Motion to Reconsider. In
summary, the arguments presented in Plaintiffs’ Motion for Reconsideration reiterate and repeat
previous oppositions to Clay County’s Motion to Dismiss. Plaintiffs have been allowed ample
opportunity to respond to the arguments and the Court has ruled on the motion. Therefore,
Plaintiffs’ Motion is DENIED regarding all claims.

Additionally, this Court previously granted Defendants’ Motion to Stay [97] pending
resolution of immunity issues. As those immunity concerns have been resolved, the Court hereby
LIFTS the stay in this case. By separate notice, the trial of this matter will be scheduled for
September 18, 2017. The parties shall have until July 14, 2017 to conduct appropriate discovery,
and all dispositive motions are due by July 28, 2017. Issues regarding discovery should be
directed to the Magistrate Judge assigned to this case.
IT IS SO ORDERED this 17th day of February, 2017.

/s/ Sharion Aycock
UNITED STATES DISTRICT JUDGE