VEGA
v.
HARRIS
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In Vega v. Harris, the district court denied plaintiff Juan Francisco Vega's objection to an order dismissing his complaint for failure to state a claim and denying his motion to reopen the case. The court found that Vega presented no extraordinary circumstances warranting reconsideration and was merely attempting to relitigate a previously decided issue.
The court held that Vega failed to establish extraordinary circumstances warranting reconsideration. Instead, Vega sought merely to relitigate an issue the court had already decided, which does not satisfy the standard for reconsideration.
[1] Reconsideration of a prior court order is an extraordinary measure that should be applied sparingly and requires the movant to establish extraordinary circumstances.
[2] A motion for reconsideration should raise new issues, not merely readdress issues previously litigated and decided by the court.
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Join FLexlaw to unlock all legal intelligence“Reconsideration of a prior order is an extraordinary measure that should be applied sparingly.”
Establishes the high bar for obtaining reconsideration of a court order
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Join FLexlaw to unlock all legal intelligencePlaintiff Juan Francisco Vega filed a complaint against defendants Shevaun Harris, Ben Slocum, Garad Anderson, and Courtney Jones. The court dismissed…
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Before the Court is Plaintiff Juan Francisco Vega's Objection to the Opinion and Order (Doc. 21). The Court dismissed Vega's complaint because it failed to state a claim, then denied Vega's motion to reopen the case. (See Docs. 15 and 20). Vega now objects to the Court's decision not to reopen the case.
To the extent Vega's Objection seeks reconsideration under Federal Rules of Civil Procedure 59 or 60, the Court denies it.
Reconsideration of a prior order is an extraordinary measure that should be applied sparingly. Adams v. Beoneman, 335 F.R.D. 452, 454 (M.D. Fla. 2020). Court orders are not intended as first drafts subject to revisions at a litigant's pleasure, so a movant must establish extraordinary circumstances supporting reconsideration. Gold Cross EMS, Inc. v. Children's Hosp. of Ala., 108 F. Supp. 3d 1376, 1384 (S.D. Ga. 2015). “A motion for reconsideration should raise new issues, not merely readdress issues previously litigated." PaineWebber Income Props. v. Mobil Oil Corp., 902 F. Supp. 1514, 1521 (M.D. Fla. 1995).
Vega presents no extraordinary circumstances to warrant reconsideration. Rather, he seeks to relitigate an issue the Court already decided. Accordingly, to the extent Vega's Objection (Doc. 21) can be construed as a motion, it is DENIED. The Clerk is DIRECTED to send a copy of this Order to the Eleventh Circuit.
DONE and ORDERED in Fort Myers, Florida on October 18, 2024.
Sheri Polster Rappell SHERI POLSTER CHAPPELL UNITED STATES DISTRICT JUDGE
SA: FTMP-1 Copies: All Parties of Record
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- PaineWebber Income Props. Three Ltd. P'ship Ex Rel. Third Income Props., Inc. v. Mobil Oil Corp., 902 F. Supp. 1514 (M.D. Fla. 1995)