Opinion
Case No: 8:16-cv-1182-T-27JSS
10-05-2017
Copies to: Pro Se Plaintiff, Counsel of Record
ORDER
BEFORE THE COURT is Plaintiff's Affidavit of Facts in Support of Reconsideration to Make Additional Factual Findings - Objecting to Order of Dismissal (Dkt. 39), which is construed as a motion. Reconsideration is justified only by (1) an intervening change in controlling law, (2) new evidence, and/or (3) clear error or manifest injustice. Del. Valley Floral Group, Inc. v. Shaw Rose Nets, LLC, 597 F.3d 1374, 1383 (Fed. Cir. 2010) (quoting Degirmenci v. Sapphire-Ft. Lauderdale, LLLP, 642 F. Supp. 2d 1344, 1353 (S.D. Fla. 2009)); Davis v. Daniels, 655 F. App'x 755, 759 (11th Cir. 2016) (per curiam); Fenello v. Bank of Am., NA, 577 Fed. App'x 899, 903 n.7 (11th Cir. 2014). And "'[a] motion for reconsideration should not be used as a vehicle . . . to reiterate arguments previously made,'" Del. Valley, 597 F.3d at 1384 (citation omitted), or to reargue matters already addressed, Arthur v. King, 500 F.3d 1335, 1343 (11th Cir. 2007). Plaintiff has not demonstrated any persuasive grounds to reconsider. Accordingly, the construed motion is DENIED.
Furthermore, Plaintiff's construed motion does not include a memorandum of legal authority and therefore fails to comply with Local Rule 3.01(a). --------
DONE AND ORDERED this 5th day of October, 2017.
/s/ _________
JAMES D. WHITTEMORE
United States District Judge Copies to: Pro Se Plaintiff, Counsel of Record