United States District Court, N.D. Texas, Fort Worth Division
T.B. B/N/F JENNY BELL, Plaintiffs,
NORTHWEST INDEPENDENT SCHOOL DISTRICT, ET AL., Defendants.
MEMORANDUM OPINION AND ORDER
Mcbryde United States District Judge
for consideration the motion of plaintiff, T.B., by and
through his next friend and mother, Jenny Bell, for
reconsideration of the August 2, 2019 Memorandum Opinion and
Order, which granted the motion of defendant, Northwest
Independent School District ("District"), to
dismiss plaintiff's first amended complaint as to
District. The court, having considered the motion, the August
2, 2019 Memorandum Opinion and Order, District's Motion
to Dismiss, plaintiff's Response to the Motion to
Dismiss, the record, and applicable authorities, finds that
plaintiff's Motion for Reconsideration should be denied.
13, 2019, Plaintiff filed his First Amended Complaint,
alleging claims under Section 504 of the Rehabilitation Act
of 1973, 29 U.S.C. § 794, and the Americans with
Disabilities Act, 42 U.S.C. § 12131 ("ADA"),
and for violation of the Fourth and Fourteenth Amendments.
Plaintiff's pleadings:are described in the
August 2, 2019 Memorandum Opinion and Order.
28, 2019, District filed its Motion to Dismiss
Plaintiff's First Amended Complaint, which alleged,
inter alia, that the court lacked jurisdiction
because plaintiff failed to exhaust administrative remedies
as required by the Individuals with Disabilities Education
Act, 20 U.S.C. §§ 1400-1482 ("IDEA").
Doc. 20 at 4-8. On June 20, 2019, plaintiff filed a response
that alleged, inter alia, that plaintiff's
claims did not require exhaustion under the IDEA. Doc. 25 at
9-10. On August 2, 2019, the court granted District's
Motion to Dismiss in its Memorandum Opinion and Order because
plaintiff had failed to exhaust administrative remedies. Doc.
30. The court issued its Final Judgment as to Certain
Defendant that same date. Doc. 31.
now argues in his Motion for Reconsideration that the court
made multiple clear errors of law in granting District's
Motion to Dismiss. Doc. 33 at 1. Plaintiff, invoking Rule
59(e) of the Federal Rules of Civil Procedure, asserts that
these alleged errors require the court to alter, amend, or
withdraw its August 2, 2019 Memorandum Opinion and Order and
to allow plaintiff to .amend his complaint. Id.
59(e) of the Federal Rules of Civil Procedure allows a party
to move to alter or amend a judgment within 28 days of the
entry of judgment. Fed.R.Civ.P. 59(e). Such motions are
granted where a party shows a need to (1) correct a clear
error of law or prevent manifest injustice, (2) present newly
discovered evidence, or (3} reflect an intervening change in
controlling law. McGee v. CTX Mortgage Co., LLC, No.
3:15-cv- 1746-L, 2016 WL 8671540, at *2 (N.D. Tex. Apr. 22,
2016) (internal citations omitted).
motion fails to meet the standards for reconsideration.
argues that his motion should be granted to correct clear
errors of law. Doc. 33, p. 1. These arguments fail.
The court did not commit clear error by finding ...