Fant et al v. Reser et al

Filing 121

ORDER denying 115 Motion for Reconsideration. Signed by Honorable J Michelle Childs on 7/8/2014.(asni, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ORANGEBURG DIVISION
Christina Fant, Alvin E. Jordan, Jr.,

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Plaintiffs,
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v.
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Debbie Reser, Lake Marion Resort &
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Marina, City of Sumter, Robbie Richburg, )
Officer Vaughn, County of Orangeburg,
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Officers John Doe, County of Clarendon, )
Board of Lake Marion Resort & Marina,
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Directors and Members of the Board of
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Lake Marion Resort & Marina, Water
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Holidays Owner’s Association, Inc., Agent )
Thrower, Danny Ellis, Nina Ellis, David
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Ard, Sumter County, Darren Quiroz,
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President of Lake Marion Resort & Marina )
Frank, Frank LNU,
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Defendants.
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___________________________________ )

Civil Action No. 5:12-cv-00708-JMC
ORDER

This matter is now before the court upon Plaintiff Christina Fant’s (“Plaintiff”) Motion
for Reconsideration (ECF No. 115), requesting that the court reconsider its order which accepted
the magistrate judge’s Report and Recommendation (“Report”), (ECF Nos. 95, 113). In that
order dated March 27, 2014, the court dismissed the instant action with prejudice due to
Plaintiff’s lack of prosecution, failure to cooperate in discovery, and failure to comply with a
court order. (ECF No. 113.) In reaching the decision to terminate this action, the court noted
that the case was over two-years old and that Plaintiff presented nothing more than unverified
excuses to explain her lack of participation in the case. (Id. at 7.)

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In her motion, Plaintiff presents new evidence which she asserts supports her contention
that emotional distress caused her inability to comply with discovery requests and appear at
depositions. (ECF No. 115 at 1.) The evidence which Plaintiff provides is a nurse practitioner’s
medical report following an appointment on March 3, 2014 with Plaintiff. (ECF No. 115-1 at 4.)
In that report, the nurse practitioner summarizes Plaintiff’s subjective complaints of increased
anxiety. (Id.) The nurse practitioner also notes Plaintiff’s admission that despite her anxiety she
is able to cook, clean, drive, and perform her usual daily activities. (Id.)
Defendants Thrower, County of Orangeburg, City of Sumter, Robbie Richburg, Officer
Vaughn, and Darren Quiroz have responded in opposition to Plaintiff’s motion arguing that
Plaintiff’s evidence is insufficient and too untimely to merit the granting of her motion. (See
ECF Nos. 116, 118). The court agrees.
A court may alter or amend a judgment pursuant to Rule 59(e) of the Federal Rules of
Civil Procedure if the movant shows either (1) an intervening change in the controlling law; (2)
new evidence that was not available at trial; or (3) that there has been a clear error of law or a
manifest injustice. Robinson v. Wix Filtration Corp., 599 F.3d 403, 407 (4th Cir. 2010). The
court finds that Plaintiff’s meager evidence of an anxiety issue does not overcome its considered
decision to dismiss the action following Plaintiff’s failure to adequately pursue her case. The
court is particularly unpersuaded by Plaintiff’s medical note because it is dated after all of the
instances in which Plaintiff failed to participate in this case, and over a year after the court
granted Defendant Thrower’s first motion to compel.1 (See ECF No. 113 at 2.)
Accordingly, the court DENIES Plaintiff’s Motion for Reconsideration (ECF No. 115).

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The court granted Defendant Thrower’s first motion to compel on February 19, 2013. (See
ECF No. 57.) Defendant Thrower later moved for sanctions on March 14, 2013, and Defendants
filed a joint motion to dismiss for failure to prosecute on July 18, 2013. (See ECF Nos. 60, 66.)
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IT IS SO ORDERED.

United States District Judge
July 8, 2014
Columbia, South Carolina

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