The opinion
UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
NEIL CUFF,
Plaintiff,
v.
FLORIDA A&M UNIVERSITY &
BOARD OF TRUSTEES; TAYANNA
MARR; JESSICA WARTHEN; Case No. 6:22-cv-777-RBD-RMN
MARLON HONEYWELL;
JOCELYN SPATES; MARVIN
SCOTT; JASON MOBLEY; ARCHIE
LENNARD; SOHEYLA
MAHDAVIN; PATTY GHAVINI;
and JOVIN MYLES,
Defendants.
ORDER
This cause came on for consideration without oral argument on
Plaintiff’s Motion for Reconsideration (Dkt. 119), filed June 12, 2023.
In March 2023, Plaintiff Neil Cuff filed a Second Amended Complaint
alleging discrimination and retaliation based on a disability. See Dkt. 84.
Defendants moved to dismiss the Second Amended Complaint. See Dkts. 87,
96. Plaintiff then moved for multiple “continuances” and extensions of time to
respond to the motions to dismiss. See Dkts. 89, 95, 98, 103, 109. In response,
the Court extended the deadline for Plaintiff to respond to the motions to
dismiss to May 31, 2023. Dkt. 110. Rather than responding to Defendants’
motions to dismiss, filed two motions on May 31, one seeking appointment of
counsel (Dkt. 113) and another seeking another extension of the response
deadlines (Dkt. 114). The Court denied both motions. Dkts. 115, 116.
In his original Motion to Appoint Counsel (Dkt. 113), Plaintiff asked the
Court to appoint counsel because he was in a “dire financial situation” and pro
bono counsel would help “streamline the rest of the case.” Dkt. 113 at 5. The
Court denied Plaintiff’s motion, explaining that civil litigants have no absolute
constitutional right to the appointment of counsel and that this case does not
involve novel or complex issues that require the assistance of counsel. Dkt. 115
at 3. Noting that it sympathized with Plaintiff, the Court denied Plaintiff’s
motion. Id. Plaintiff now moves for reconsideration of the Court’s Order
denying him pro bono counsel. See Dkt. 119.
Reconsideration is an extraordinary remedy that will be granted only
upon a showing of (1) an intervening change in law, (2) the discovery of new
evidence which was not available at the time the Court rendered its decision,
or (3) the need to correct clear error or manifest injustice. Fla. Coll. Of
Osteopathic Med. v. Dean Witter Reynolds, 12 F. Supp. 2d 1306, 1308 (M.D.
Fla. 1998). “A motion for reconsideration cannot be used to relitigate old
matters, raise argument or present evidence that could have been raised prior
to the entry of judgment.” Wilchombe v. TeeVee Toons, 555 F.3d 949, 957 (11th
Cir. 2009) (internal quotation marks omitted). It is inappropriate in a motion
for reconsideration to relitigate the merits of the case or to “vent dissatisfaction
with the Court’s reasoning.” Madura v. BAC Home Loans Servicing L.P., No.
8:11-cv-2511, 2013 WL 4055851, at *2 (M.D. Fla. Aug. 12, 2013) (citation
omitted). Instead, the moving party must set forth “strongly convincing”
reasons for the Court to change its decision. Id. at *1.
Upon review, the motion for reconsideration does not raise an
intervening change in law, provide new evidence that was not available at the
time the Court rendered its decision, or demonstrate the need to correct clear
error or manifest injustice. The motion is therefore due to be denied.
As noted in prior orders, the undersigned is sympathetic to Plaintiff’s
circumstances, but the Court has already directed Plaintiff to the resources
available to pro se litigants and provided Plaintiff with a generous amount of
extra time to respond to the pending motions to dismiss. As the Eleventh
Circuit has noted in a slightly different context, “there is room for only so much
lenity.” Young v. City of Palm Bay, Fla., 358 F.3d 859, 864 (11th Cir. 2004).
The Court must balance its sympathy toward Plaintiff with the inconvenience,
cost, and other impacts this lawsuit imposes on opposing parties and their
counsel. See id. There comes a time when a case must move forward, if only to
reduce the crowding on the Court’s docket and thereby protect the public’s
access to the courts. See id.
Accordingly, the Motion (Dkt. 119) is DENIED.
DONE and ORDERED in Orlando, Florida, on June 14, 2023.
he a one
ROBERT M. NORWAY
United States Magistrate Judge
_4-
Copies furnished to:
Counsel of Record
Neil Cuff
3681 Khayyam Avenue, Unit 4
Orlando, Florida 32826