Massi v. Walgreen Co

Filing 92

OPINION and ORDER denying 90 Motion for New Trial. Signed by Honorable Cameron McGowan Currie on 4/21/2015.(cbru, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ROCK HILL DIVISION
Clay Massi,

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Plaintiff,
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v.
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Walgreen Co.,
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Defendant.
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C/A NO. 0:13-2950-CMC-PJG

OPINION and ORDER

This matter is before the court on Plaintiff’s pro se motion for reconsideration. ECF No. 90.
Plaintiff argues he was “denied due process.” Mot. at 1. Defendant has replied in opposition. ECF
No. 91.
Plaintiff’s motion is filed pursuant to Federal Rule of Civil Procedure 59. Plaintiff cites Rule
59(a)(2); however, as there was no trial in this matter, the motion is more properly considered under
Rule 59(e).
The Fourth Circuit Court of Appeals has interpreted Rule 59(e) of the Federal Rules of Civil
Procedure to allow the court to alter or amend an earlier judgment: “‘(1) to accommodate an
intervening change in controlling law; (2) to account for new evidence not available at trial; or (3)
to correct a clear error of law or prevent manifest injustice.’” Becker v. Westinghouse Savannah
River Co., 305 F.3d 284, 290 (4th Cir. 2002) (quoting Pac. Ins. Co. v. Am. Nat’l Fire Ins. Co., 148
F.3d 396, 403 (4th Cir. 1998)). “Whatever may be the purpose of Rule 59(e) it should not be
supposed that it is intended to give an unhappy litigant one additional chance to sway the judge.”
Atkins v. Marathon LeTourneau Co., 130 F.R.D. 625 (S.D. Miss. 1990).
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Plaintiff’s motion fails to establish that this court committed a clear error of law, or that he
suffered a manifest injustice. Plaintiff was not only afforded notice and opportunity to participate
in this case, but he was also provided the assistance of a guardian ad litem to aid him in
understanding certain aspects of the case, an opportunity not usually afforded pro se litigants.
Plaintiff’s motion for reconsideration is denied.
IT IS SO ORDERED.

s/ Cameron McGowan Currie
CAMERON MCGOWAN CURRIE
SENIOR UNITED STATES DISTRICT JUDGE

Columbia, South Carolina
April 21, 2015

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