Dunn-Fischer v. District School Board of Collier County, No. 2:2010cv00512 - Document 150 (M.D. Fla. 2014)
Court Description: OPINION AND ORDER denying 144 Plaintiff's Revised Motion for Reconsideration. Signed by Judge John E. Steele on 3/6/2014. (MAB)
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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION TERRY L. DUNN-FISCHER, individually, and the parent and next friend of A.D.F., a minor Plaintiff, v. Case No: 2:10-cv-512-FtM-29CM DISTRICT SCHOOL BOARD OF COLLIER COUNTY, Defendant. OPINION AND ORDER This matter comes before the Court on plaintiff's Revised Motion for Reconsideration (Doc. #144) filed on October 4, 2013. Defendant filed a Response to Plaintiff s Revised Motion for Reconsideration (Doc. #147) on November 7, 2013. Reconsideration of a court s previous order is an extraordinary remedy and, thus, is a power which should be used sparingly. American Ass n of People with Disabilities v. Hood, 278 F. Supp. 2d 1337, 1339 (M.D. Fla. 2003) (citing Taylor Woodrow Constr. Corp. v. Sarasota/Manatee Airport Auth., 814 F. Supp. 1072, 1072-73 (M.D. Fla. 1993)). A motion for reconsideration should raise new issues, not merely readdress issues litigated previously. PaineWebber Income Props. Three Ltd. P'ship v. Mobil Oil Corp., 902 F. Supp. 1514, 1521 (M.D. Fla. 1995). justifying Courts have delineated reconsideration: (1) an three major intervening grounds change in controlling law; (2) the availability of new evidence; [and] (3) the need to correct clear error or prevent manifest injustice. Sussman v. Salem, Saxon & Nielsen, P.A., 153 F.R.D. 689, 694 (M.D. Fla. 1994). Unless the movant s arguments fall into one of these categories, the motion must be denied. The motion to reconsider must set forth facts or law of a strongly convincing nature to demonstrate to the court the reason to reverse its prior decision. Taylor Woodrow, 814 F. Supp. at 1073; PaineWebber, 902 F. Supp. at 1521. When issues have been carefully considered and decisions rendered, the only reason which should commend reconsideration of that decision is a change in the factual or legal underpinning upon which the decision was based. A Taylor Woodrow, 814 F. Supp. at 1072 73. motion for reconsideration does not provide an opportunity to simply reargue-or argue for the first time-an issue the Court has once determined. intended as mere first drafts, Court opinions are not subject reconsideration at a litigant s pleasure. - 2 - to revision and Quaker Alloy Casting Co. v. Gulfco Indus., Inc., 123 F.R.D. 282, 288 (N.D. Ill. 1988). The burden is upon the movant to establish the extraordinary circumstances supporting reconsideration. Mannings v. Sch. Bd. of Hillsborough Cnty., 149 F.R.D. 235, 235 (M.D. Fla. 1993). Plaintiff requests that the Court reconsider its July 23, 2013, Opinion and Order adopting the Magistrate Judge s Report and Recommendation (Doc. #137) 1 because the Court s findings were produced in error. Magistrate Judge, Plaintiff specifically claims that the whom she mistakenly believes is African American, refused to cite Draper v. Atlanta Indep. Sch. Sys., 518 F.3d 1275 (11th Cir. 2008), because plaintiff is not African American, and that the Magistrate Judge s rulings were fueled by racism. In essence, plaintiff s thirty-three page motion for reconsideration is nothing more than a reiteration of the arguments made in her prior filings combined with an unfounded assertion of racial bias. more than establish reassert the her Because plaintiff has done nothing prior arguments, extraordinary 1Plaintiff she has circumstances failed to justifying also requests that the Court reconsider an Order directing plaintiff to file a response to defendant s motion to dismiss (Doc. #131), and the Order vacating that Order and limiting the length of plaintiff s response to thirty pages (Doc. #135). Plaintiff, however, has failed to provide a basis for reconsideration; thus, the motion is denied as to these orders. - 3 - reconsideration; therefore, her motion for reconsideration is denied. Accordingly, it is hereby ORDERED: Plaintiff's Revised Motion for Reconsideration (Doc. #144) is DENIED. DONE and ORDERED at Fort Myers, Florida, this of March, 2014. Copies: Pro se plaintiff Counsel of Record - 4 - 6th day
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