In re: Reed

Filing 69

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Motion for Rehearing of Appellant Ross H. Briggs. (ECF No. 59 ) is DENIED. Signed by District Judge Ronnie L. White on February 5, 2017. (BRP)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
IN RE EVETTE NICOLE REED,
Debtor,

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Case No.: 4:16cv633 RLW

MEMORANDUM AND ORDER
This matter is before the Court on the Motion for Rehearing of Appellant Ross H. Briggs.
(ECF No. 59).

1

An opposition was filed on January 24, 2017. (ECF No. 68). This matter is

fully briefed and ready for disposition.
In the Motion for Rehearing, Appellant Briggs argues that the Court "overlooked or
misapprehended that the April 20, 2016 Memorandum Opinion and Judgment of the Bankruptcy
Court (the 'April 20 Judgment') failed to identify with any specificity 1) the nature of the
information or documents that Briggs failed to turnover in violation of the Bankruptcy Court' s
Turnover Order; 2) the statement made by Appellant Briggs to the Bankruptcy Court which was
alleged to be misleading, and 3) the existence of any evidence whatsoever in support of either of
the foregoing findings. " (ECF No. 59).
In response, The United States Bankruptcy Court, Eastern District of Missouri and the
Honorable Charles E. Rendlen III (collectively, the "Interested Parties") assert that the Motion for
Rehearing has no merit. The Interested Parties note that Appellant has not identified anything in
the record to demonstrate an abuse of discretion. The Interested Parties further identify that the
Bankruptcy Court' s April 20, 2016 Order included a section entitled "Findings that Briggs
Willfully Made Misleading Statements" and contains the Bankruptcy Court's findings regarding
alleged misleading statements made by Appellant.
1

Critique Services, LLC is also referred to herein as "Critique Services" and "Critique." Ross
Briggs is also referred to herein as "Briggs". Collectively, they are referred to as "Appellants".

The Court holds that the Motion for Rehearing raises no issues that were not previously
addressed by this Court. Appellant argues that he never received any funds from Attorney
Robinson. However, this Court previously noted that the receipt of funds was not the basis of his
sanction. Rather, Briggs was sanctioned for failure to turnover information and for making
misleading statements to the Court. Appellant has not cited to anything in the record to dispute
the Bankruptcy Court's findings and this Court's ruling. Moreover, as noted by the Interested
Parties, the Bankruptcy Court provided explicit findings regarding Briggs' misleading statements.
The Court holds that there was no clear error in the Bankruptcy Court' s findings.
According! y,
IT IS HEREBY ORDERED that the Motion for Rehearing of Appellant Ross H. Briggs.

(ECF No. 59) is DENIED.

Dated this 5th day of February, 2017.

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RONNIE L. WHITE
UNITED STATES DISTRICT JUDGE