UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA OCALA DIVISION

ADRIAN CLARK,

Plaintiff,

v. Case No. 5:24-CV-00015-WFJ-PRL

PUBLIX SUPER MARKETS, INC.,

Defendant. _____________________________________/

ORDER This cause is before the Court on Plaintiff’s motion (Dkt. 40), which seeks “reconsideration” of the Court’s order granting summary judgment in favor of Defendant (Dkt. 36). Plaintiff’s motion is denied for the following reasons. Federal Rule of Civil Procedure “59(e) applies to motions for reconsideration of matters that are encompassed in a decision on the merits of the dispute.” Brown v. Synovus Fin. Corp.,

, 931 (11th Cir. 2019) (citations omitted); Green v. Drug Enf’t Admin.,

(11th Cir. 2010) (Tjoflat, J.) (“[T]he [reconsideration motion] . . . is best construed [under] Rule 59(e) . . . .”). Plaintiff asks for reconsideration of a merits decision, so Rule 59(e) applies. In the Eleventh Circuit, only “newly discovered evidence, or manifest errors of law or fact” warrant reconsideration. Jacobs v. Tempur-Pedic Int’l, Inc.,

(11th Cir. 2010) (alterations in original) (quoting Arthur v. King,

(11th Cir. 2007) (per curiam)). Parties must do more than simply

“ask the . . . court to reexamine an unfavorable ruling,”

and may not attempt to raise arguments that were available before judgment but not advanced. See Kellog v. Schreiber,

, 1120 (11th Cir. 1999). Whether this burden is met is

left to the sound discretion of the trial court. See Jacobs,

n.20. Turning to Plaintiff’s motion, the Court finds no reason to disturb its order. A subset of Plaintiff’s arguments attacks the factual findings of the Court, but those arguments were already raised and considered at summary judgment. The Court does

not address Plaintiff’s other arguments attacking its impartiality. Plaintiff’s motion, at its core, asks the court to reconsider the merits of its judgment, which is insufficient. See

. Therefore, Plaintiff has not met his burden.

Accordingly, Plaintiff’s motion (Dkt. 40) is hereby DENIED. DONE AND ORDERED at Tampa, Florida, on April 21, 2025. /s/ William F. Jung WILLIAM F. JUNG UNITED STATES DISTRICT JUDGE

COPIES FURNISHED TO: Counsel of Record