Clayton v. Hogan et al

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
MARK CLAYTON,
Plaintiff,
v.
WILLIAM YOUNG, TOM LAWLESS,
and PAIGE DENNIS,
Defendants.
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Case No. 3:22-cv-00936
Judge Aleta A. Trauger
MEMORANDUM & ORDER
Now before the court are two more Motions for Reconsideration under Federal Rule of
Civil Procedure 54(b) 	filed 	by 	plaintiff 	Mark 	Clayton. 	The first (Doc. 	No. 	213) 	seeks
reconsideration of the court’s October 24, 2024 Order (Doc. No. 112), dismissing the plaintiff’s
claims 	against 	defendant 	Scripps 	Howard 	Publishing 	Company 	d/b/a 	NewsChannel 	5
(“NewsChannel 5”); the second (Doc. No. 215) seeks reconsideration of the court’s November 16,
2023 Order (Doc. No. 72), which dismissed the claims against defendants the Metropolitan
Government of Nashville and Davidson County, Tom Palko, John Honeysucker, Kimberly Hayes,
Hal Balthrop, Cyrus Toosi, and Scott Potter (the “Metro defendants”). The plaintiff has also filed
a Motion for Clarification (Doc. No. 217), which purports to seek clarification and reconsideration
of the court’s dismissal of the plaintiff’s “due process claim concerning denial of access to
Tennessee’s stormwater permitting process.” (Doc. No. 217 at 1.)
It appears that this flurry of motions may have been prompted by the plaintiff’s desire to
preserve his right to appeal the dismissal of the claims against NewsChannel 5 and the Metro
defendants. (See Doc. No. 213 at 1.) This matter, in any event, is scheduled for trial to begin on
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March 10, 2026, and the court finds that the plaintiff’s efforts to seek reconsideration of Orders
entered more than a year ago, virtually on the eve of trial, amount to nothing more than an attempt
to delay trial and the ultimate resolution of this case. The court also finds that the plaintiff fails to
establish grounds for reconsideration or clarification of the Orders at issue.
The pending motions (Doc. Nos. 213, 215, 217) are DENIED.
It is so ORDERED.
ALETA A. TRAUGER
United States District Judge
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