Detroit, City of

Filing 22

ORDER denying 19 Motion for Adoption and Designation ; denying 21 Motion to Quash. Signed by District Judge Bernard A. Friedman. (MVer)

Download PDF
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION In re: CITY OF DETROIT, MICHIGAN, Bankr. No. 13-53846 (Chapter 9) HON. STEVEN W. RHODES Debtor. __________________________________/ CORNELL E. SQUIRES, Civil Action No. 14-cv-14923 HON. BERNARD A. FRIEDMAN Appellant, v. CITY OF DETROIT, MICHIGAN, et al., Appellees. __________________________________/ ORDER DENYING APPELLANT’S “MOTION FOR ADOPTION AND DESIGNATION STATEMENT OF DRCEA,” “MOTION OBJECTION TO THE DISMISSAL,” AND “MOTION TO QUASH DISMISSAL” This is matter is presently before the Court on appellant’s “motion for adoption and designation statement of DRCEA, because associate is a member” [docket entry 19], “motion objection to the dismissal and notice of adjudicative facts of bias Rule 201,” [docket entry 20] and “motion to quash dismissal” [docket entry 21]. Although appellant does not properly title his motions, the Court construes the substance of these motions as a motion for rehearing pursuant to Fed. R. Bank. P. 8022, which states “[t]he motion must state with particularity each point of law or fact that the movant believes the district court or BAP has overlooked or misapprehended and must argue in support of the motion.” Appellant’s motions do not state with particularity each point of law or fact that appellant believes the Court overlooked. In fact, appellant’s motions are nearly incomprehensible. Nevertheless, it appears that appellant’s motions are a second attempt at rehashing previously raised arguments1 that have been addressed in the Court’s Order of Dismissal dated January 30, 2015. The Court is well aware of appellant’s affiliation with DRCEA. But regardless of appellant’s affiliation with DRCEA, the bankruptcy rules are clear: appellant was required to timely designate the record in his own, individually-filed appeal. Appellant failed to do so and he cannot simply adopt the record designated by appellants in another City of Detroit bankruptcy appeal. Accordingly, IT IS ORDERED that appellant’s “motion for adoption and designation statement of DRCEA, because associate is a member” [docket entry 19], “motion objection to the dismissal and notice of adjudicative facts of bias Rule 201” [docket entry 20], and “motion to quash dismissal” [docket entry 21] are denied. Dated: February 18, 2015 Detroit, Michigan S/Bernard A. Friedman BERNARD A. FRIEDMAN SENIOR UNITED STATES DISTRICT JUDGE 1 Appellant, however, does raise one new legal argument. In his “Motion to Quash Dismissal,” appellant argues that Fed. R. Civ. P. 18 allows him to adopt DRCEA’s designated bankruptcy record. This is not the case and this rule has no bearing on this appeal as it speaks to the number of claims that a litigant can bring against a party. 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?