Case 5:13-cv-00226-MTT Document 7 Filed 07/31/13 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
LEE DIXON SCOTT,
TINA M. LENTS and DODGE MOTOR
) CIVIL ACTION NO. 5:13-CV-226 (MTT)
Before the Court is the Plaintiff’s motion for reconsideration (Doc. 6) of the
Court’s Order (Doc. 4) dismissing his Complaint (Doc. 1) without prejudice.
Pursuant to Local Rule 7.6, “Motions for Reconsideration shall not be filed as a
matter of routine practice.” M.D. Ga., L.R. 7.6 (emphasis added). Indeed,
“[r]econsideration of a previous order is an extraordinary remedy to be employed
sparingly.” Bingham v. Nelson, 2010 WL 339806, at *1 (M.D. Ga.) (internal quotation
marks and citation omitted). It “is appropriate only if the movant demonstrates (1) that
there has been an intervening change in the law, (2) that new evidence has been
discovered which was not previously available to the parties in the exercise of due
diligence, or (3) that the court made a clear error of law.” Id. “In order to demonstrate
clear error, the party moving for reconsideration must do more than simply restate [her]
prior arguments, and any arguments which the party inadvertently failed to raise earlier
are deemed waived.” McCoy v. Macon Water Authority, 966 F. Supp. 1209, 1222-23
(M.D. Ga. 1997).
The Plaintiff has not met this burden. He has not alleged an intervening change
in the law nor presented new evidence previously unavailable to him. Moreover, the
Case 5:13-cv-00226-MTT Document 7 Filed 07/31/13 Page 2 of 2
Court is not persuaded that its ruling was clearly erroneous. Finally, the Court has not
reached the merits of this case. Therefore, as stated previously, the Plaintiff is free to
file his lawsuit in another court if he can find one that provides a proper forum, perhaps
in Tennessee. This Court is simply not the appropriate venue for this action.
Accordingly, the Plaintiff’s motion for reconsideration is DENIED.
SO ORDERED, this 31st day of July, 2013.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT
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