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T.B. v. Northwest Independent School District

United States District Court, N.D. Texas, Fort Worth Division

September 5, 2019

T.B. B/N/F JENNY BELL, Plaintiffs,
v.
NORTHWEST INDEPENDENT SCHOOL DISTRICT, ET AL., Defendants.

          MEMORANDUM OPINION AND ORDER

          John Mcbryde United States District Judge

         Came on 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.

         I.

         Procedural History

         On May 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.

         On May 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.

         Plaintiff 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.

         II.

         Standards for Reconsideration

         Rule 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).

         III.

         Plaintiff's motion fails to meet the standards for reconsideration.

         Plaintiff argues that his motion should be granted to correct clear errors of law.[1] Doc. 33, p. 1. These arguments fail.

         A. The court did not commit clear error by finding ...


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