Olson et al v. Deutsche Bank National Trust Company et al

Filing 25

ORDER denying 24 Motion for Reconsideration. Signed by Judge David G Campbell on 8/12/2013.(DGC, nvo)

Olson et al v. Deutsche Bank National Trust Company et al

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Doc. 25

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Kevin M. Olson; Alyssa N. Olson,
Plaintiffs,

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ORDER

v.

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No. CV13-0642-PHX-DGC

Deutsche Bank National Trust Company;
et al.,

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Defendants.

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On July 5, 2013, the Court issued an order granting Defendants’ motion to

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dismiss. Doc. 20. Plaintiffs have filed a motion for reconsideration. Doc. 24. The Court

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will deny the motion.

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Motions for reconsideration “are disfavored and will be granted only upon a

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showing of manifest error or new facts or legal authority which could not have been

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raised earlier with reasonable diligence.” In re Rosson, 545 F.3d 764, 769 (9th Cir. 2008)

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(quotation marks, brackets, and citations omitted); see also S.E.C. v. Kuipers, 399 Fed.

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Appx. 167, 170 (9th Cir. 2010); LRCiv 7.2(g)(1). Mere disagreement with an order is an

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insufficient basis for reconsideration. See Ross v. Arpaio, No. CV 05-4177-PHX-MHM

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(ECV), 2008 WL 1776502, at *2 (D. Ariz. Apr. 15, 2008). Nor should a motion for

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reconsideration be used to ask the Court to rethink its analysis. Id.; Nw. Acceptance

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Corp. v. Lynnwood Equip., Inc., 841 F.2d 918, 925-26 (9th Cir. 1988).

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Plaintiffs argue that before dismissing with prejudice their quiet title claim

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(Count I) and declaratory judgment claim to determine any balance due (Count II), the

Dockets.Justia.com

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Court was obligated to stay the proceeding because Plaintiffs had filed for Chapter 13

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Bankruptcy protection.

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contention that an automatic stay would apply to this action – one brought by a debtor.

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As a general matter, an automatic stay only occurs where the proceeding is against the

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debtor. Sparlin v. Select Portfolio Servicing, Inc., Nos. CV11-00240-TUC-CKJ et seq.,

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2012 WL 527486, at *3-4 (D. Ariz. Feb. 17, 2012).

Doc. 24 at 3-4.

Plaintiffs cite no legal support for their

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Plaintiffs argue that they have a right to bring a quiet title claim (Doc. 24 at 5) and

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submit that questions of material fact exist as to the deed of trust (id. at 5-7). Plaintiffs do

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not explain how the alleged factual disputes would affect the Court’s analysis of

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Plaintiffs’ quiet title claim. The Court dismissed that claim for two reasons (Doc. 20 at

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4), and Plaintiffs have not shown clear legal error with respect to either rationale.

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Plaintiffs argue that questions of fact exist with respect to their claim to determine

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any balance due on the property. Id. at 7-9. The argument essentially repeats assertions

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made by Plaintiffs in their response to Defendants’ motion to dismiss. Doc. 11 at 3-5, 7-

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9. Plaintiffs have not provided a legal basis for reducing the amount owed on a deed of

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trust, and thus they have not shown that the Court’s analysis was in error.

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Plaintiffs argue that the Court’s order denies them “the right to obtain further

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discovery to establish the position and facts that it knows exists showing the invalidity of

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the Deed of Trust and other relevant issues” (Doc. 24 at 9) because the order is being

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used as a basis for res judicata in the bankruptcy action (id. at 4, 5, 9). This is not a

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reason for the Court to reconsider its order.

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IT IS ORDERED that Plaintiffs’ motion for reconsideration (Doc. 24) is denied.

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Dated this 12th day of August, 2013.

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