Republic Silver State Disposal Inc. v. Halloum, et al
Filing
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ORDER denying 27 Motion for Recusal. ORDER denying 26 Motion for Rehearing. Signed by Judge Gloria M. Navarro on 7/13/2021. (Copies have been distributed pursuant to the NEF - HAM)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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REPUBLIC SILVER STATE DISPOSAL
INC.,
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Plaintiff,
vs.
YOUSIF HALLOUM; IMAN HALLOUM;
WELLS FARGO BANK, N.A.,
Defendants.
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Case No.: 2:20-cv-02003-GMN-NJK
ORDER
Pending before the Court is the Motion for Rehearing and Recusal, (ECF Nos. 26–27),
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filed by Defendants Iman Halloum and Yousif Halloum (“Defendants”). Plaintiff Republic
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Silver State Disposal Inc. (“Plaintiff”) filed a Response, (ECF No. 31), and Defendants filed a
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Reply, (ECF No. 32).
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The Court begins its analysis with Defendants’ request for “rehearing.” Defendants seek
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rehearing on the Court’s Order adopting as unopposed the Magistrate Judge’s Report and
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Recommendation (“R&R”) to dismiss the case without prejudice. (See Mot. Rehearing at 1–3,
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ECF No. 26). Defendants move for rehearing pursuant to “Rule 8022,” which seemingly refers
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to the Federal Rule of Bankruptcy Procedure. The Court denies the request.
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First, as the present case is not before a bankruptcy court, the Federal Rules of
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Bankruptcy Procedure do not apply. Rule 8022 does not provide grounds for the Court to
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rehear any Motion. Second, even if the Court were to construe Defendants’ Motion as a
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Motion for Reconsideration under Federal Rule of Civil Procedure 60(b), the Court does not
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find grounds apparent for reconsideration. Defendants contend that the Court issued its final
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order in error because the District Court adopted a Magistrate Judge’s R&R, but Defendants did
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not consent to disposition by a magistrate. (Mot. Rehearing at 1–3). However, a magistrate
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judge may, without the consent of the parties, issue findings and recommendations to a district
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judge in aid of the district judge’s final resolution of the case. See 28 U.S.C. § 636(b)(1)(B);
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see, e.g., Riddle v. The National Railroad Passenger Corporation, 2014 U.S. Dist. LEXIS
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157237, 2014 WL 5783825 (S.D. Cal. 2014). Here, as the Magistrate Judge did not issue a
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final order dismissing the case but instead submitted findings and recommendations to the
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undersigned, there exist no grounds to set aside the Court’s prior Order.
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The Court likewise denies Defendants’ request for recusal of the undersigned.
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Defendants seek recusal if their request for rehearing is granted. (See Mot. Recuse at 12, ECF
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No. 27). Given that the request was contingent upon rehearing, and the Court denies rehearing,
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the Court likewise denies the request for reassignment of the case to another district judge.
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Accordingly1,
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IT IS HEREBY ORDERED that Defendants’ Motion for Rehearing, (ECF No. 26), is
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DENIED.
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IT IS FURTHER ORDERED that Defendants’ Motion for Recusal, (ECF No. 27), is
DENIED.
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DATED this _____ day of July, 2021.
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___________________________________
Gloria M. Navarro, District Judge
United States District Court
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In its Response, Plaintiff requests attorney fees for improper removal. (See Pl.’s Resp. 4:3–19). Pursuant to
Local Rule IC 2-2(b), a party must file a separate document for each form of relief sought. The Court will
consider a request for attorney fees upon proper motion.
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