United States District Court, D. South Carolina, Columbia Division
MEMORANDUM OPINION AND ORDER DENYING PLAINTIFF'S
MOTION TO RECONSIDER
G. LEWIS UNITED STATES DISTRICT JUDGE.
Leroy Pearson (Pearson) filed this job discrimination action
against Defendant Owen Electric Steel Company of South
Carolina (Owen Electric), his former employer. The Court has
federal question jurisdiction over the lawsuit under 28
U.S.C. § 1331. The matter is before the Court for
consideration of Pearson's motion to reconsider (motion)
the Court's Order granting Owen Electric's motion to
carefully considered the motion, the response, the reply, the
record, and the relevant law, the Court will deny the motion.
of 2017, Pearson filed a lawsuit against Owen Electric
claiming a violation of the federal Family Medical Leave Act
(FMLA) and the state workers' compensation statute.
See Pearson v. Owen Electric Steel Co. of
S.C., C/A No. 3:17-1943-MBS (Pearson I). The
allegations in Pearson I arise from an injury
Pearson sustained in June of 2016 and Owen Electric's
employment actions following his injury. On January 12, 2018,
Judge Seymour dismissed Pearson I with prejudice.
lawsuit, Pearson II, is based on Owen Electric's
alleged violations of the Americans with Disabilities Act
(ADA). The Magistrate Judge recommended Owen Electric's
motion to dismiss be granted on the basis this action is
barred by the doctrine of res judicata. The Court
accepted the Magistrate Judge's suggestion, granted Owen
Electric's motion to dismiss, and entered judgment in
favor of Owen Electric.
Pearson filed this motion. Owen Electric then filed its
response in opposition, and Pearson filed it's reply. The
Court, having been fully briefed on the relevant issues, is
prepared to adjudicate Pearson's motion.
DISCUSSION AND ANALYSIS
Whether Pearson's motion falls under Rule 54(b) or
argues the Court should consider his motion as a Fed.R.Civ.P.
54(b) motion. Owen Electric, however, contends it is a
Fed.R.Civ.P. 59(e) motion. Owen Electric is correct.
54(b) provides, in relevant part:
[A]ny order or other decision, however designated, that
adjudicates fewer than all the claims or the rights and
liabilities of fewer than all the parties does not end the
action as to any of the claims or parties and may be revised
at any time before the entry of a judgment ...