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FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

[plfName]	)	Case No (LT)
Petitioner	)	[caseNo]
)
v.	)
)
[defName]	)
Respondent	)

PETITIONER’S MOTION FOR RECONSIDERATION

Petitioner, [plfName], on this [d] day of [MMM] [YYYY], respectfully moves this tribunal to reconsider [thatOrder] (entered on [thatDate]).

Table of Contents:

Context	2nd Page
Motion	3rd Page
Certificates	7th Page
Exhibits	8th Page

Background:	DOAH [committed an error/omission/etc]
Problem:	DOAH’s error will manifest an injustice
Request:	DOAH reconsiders its previous decision

28-106.211 FAC | Conduct of Proceedings

“The presiding officer before whom a case is pending may issue any orders necessary to effectuate discovery, to prevent delay, and to promote the just, speedy, and inexpensive determination of all aspects of the case, including bifurcating the proceeding.”

Precedence

DOAH Case No. 10-9594	- Case Law (11/23/10)

DOAH Case No. 11-2247	- Case Law (12/30/11)

DOAH Case No. 13-4945	- Case Law (9/5/14)

DOAH Case No. 14-1577	- Case Law (5/19/14)

DOAH Case No. 15-5043	- Case Law (3/8/16)

DOAH Case No. 16-6249	- Case Law (10/26/16)

DOAH Case No. 17-3684	- Case Law (7/21/17)

DOAH Case No. 18-1574	- Case Law (5/9/18)

DOAH Case No. 19-2944	- Case Law (5/31/19)

DOAH Case No. 21-0864	- Case Law (7/16/21)

DOAH Case No. 21-2050	- Case Law (12/10/21)

DOAH Case No. 22-2495	- Case Law (10/4/22)

DOAH has granted similar motions for reconsideration

Abbreviations

ALJ	Administrative Law Judge
DOAH	Division of Administrative Hearings (FL)
EEOC	Equal Employment Opportunity Commission
FAC	Florida Administrative Code
FCHR	Florida Commission on Human Relations
FS	Florida Statute
LT	Lower Tribunal
USFLMD	US District Court, Florida, Middle District

MOTION

Background History

[para001]

[para002]

[para003]

On [MMMend] [Dend], [YYYYend], [somethingHappened]

Immediate Facts

[para004]

[para005]

[para006]

[arg001]

[arg002]

[arg003]

Legal Standard

Although DOAH’s Uniform Rules of Procedure do not specifically provide for Motions for Reconsideration, this tribunal has the inherent authority to provide such relief.

“The presiding officer before whom a case is pending may issue any orders necessary to effectuate discovery, to prevent delay, and to promote the just, speedy, and inexpensive determination of all aspects of the case, including bifurcating the proceeding.”

28-106.211 FAC

Federal Courts – which DOAH often defers to (see Marchman v St. Anthony’s, 152 So.3d 830 (1DCA 2014)) – are faced with this same procedural gap. They, in turn, resort to Rule 59 Fed. R. Civ. P.:

“A motion for reconsideration may be brought pursuant to Rule 59(e) or Rule 60(b), Fed.R.Civ.P. Lewis v. United States Postal Service, 840 F.2d 712, 713 n. 1 (9th Cir.1988).”

Sussman v Salem, 153 FRD 689 (USFLMD 1994)

Plus, those courts have established the following independent pillars to build such a motion on (highlights added):

“The courts have delineated three major grounds justifying reconsideration: (1) an intervening change in controlling law; (2) the availability of new evidence; (3) the need to correct clear error[; or (4)] prevent manifest injustice.”

Sussman v Salem, 153 FRD 689 (USFLMD 1994)

Petitioner – in the instant action – hereby builds [his/her] request on the [1st/2nd/3rd/4th] pillar.

[He/She] does so, importantly, without re-arguing prior points:

“Linet however cannot use a Rule 59(e) motion to relitigate old matters, raise argument or present evidence that could have been raised prior to the entry of judgment.”

Linet v Wellington, 408 F.3d 75 (11th Cir. 2005)

[He/She] also does so with the understanding that authorities sparingly grant such motions:

“[reconsideration of a previous order is an] extraordinary remedy to be employed sparingly in the interests of finality and conservation of judicial resources.”

USA v Demosthene, 326 F.Supp. 531 (USNYSD 2004)

Analysis

[arg001]

“[quote001]”

[citation001]

[arg002]

“[quote002]”

[citation002]

[arg003]

“[quote003]”

[citation003]

[arg004]

CONFERRAL

On [confMth] [confDy], [confYr], [conferralStatement].

CONCLUSION

WHEREFORE, Petitioner respectfully asks this tribunal to reconsider [thatOrder].

Dated this [D]th day of [MMM] [YYYY].

Respectfully submitted,

/s/ [plfName]

[plfName], Petitioner

[plfAddy]

P: [plfPhn]

E: [plfEml]

W: TextBookDiscrimination.com

Get Booked Up on Justice!

CERTIFICATE OF COMPLIANCE

I certify that the size and style of type used in this document is Times New Roman 14-point Font (caption) and Courier New 12-point Font (contents); thus complying with the font requirements of Rule 9.210(a)(2) Fla. R. App. P.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this [D] day of [MMM] [YYYY], I electronically filed the foregoing with the Clerk of Courts by using the eALJ system; which will send a notice of electronic filing to the attached service list.

/s/ [plfName]

Endnotes:

How-To Guide: (interactive)

TextBookDiscrimination.com/Guides/Motions/Reconsideration.html

SERVICE LIST

[defAtt], Esquire ([barNum]) E: [defEml] P: [defPhn] (Respondent’s trial lawyers)

EXHIBIT A

[itemA]

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