Church of the Gardens et al v. O'Rourke et al

Filing 12

ORDER DENYING 9 MOTION FOR RECONSIDERATION. Signed by Chief Judge Stanley A Bastian. (LTR, Case Administrator)

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FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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Apr 01, 2024

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SEAN F. MCAVOY, CLERK

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF WASHINGTON

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9 In re: Agnes Niczyporuk,
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Debtor.

No. 2:24-CV-00011-SAB

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12 CHURCH OF THE GARDENS; AGNES
13 NICZYPORUK; RONALD J.
14 O’DONNELL,
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Appellants,

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v.

ORDER DENYING MOTION
FOR RECONSIDERATION

17 KEVIN D. O’ROURKE, Chapter 7
18 Trustee; UST-UNITED STATES
19 TRUSTEE, SPOKANE,
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Appellees.

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Before the Court is Appellants’ Motion For Reconsideration of Order

23 Denying Motion to Transfer Appeals to the United States District Court for the
24 Eastern District of Washington, ECF No. 9. The motion was heard without oral
25 argument. Appellants are represented by Scott E. Stafne.
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On February 14, 2024, the Court denied Appellants’ Motion to Transfer

27 Appeals to the United States District Court for the Eastern District of Washington,
28 ECF No. 8. Appellants now move the Court to reconsider that decision.
ORDER DENYING MOTION FOR RECONSIDERATION ~ 1

Motion Standard

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Motions for reconsideration is “an extraordinary remedy, to be used

3 sparingly in the interests of finality and conservation of judicial resources.’” Kona
4 Enters., Inc. v. Estate of Bishop, 229 F.3d 877, 890 (9th Cir. 2000) (quotation
5 omitted). A motion for reconsideration should not be granted “unless the district
6 court is presented with newly discovered evidence, committed clear error, or if
7 there is an intervening change in the controlling law.” 389 Orange St. Partners v.
8 Arnold, 179 F.3d 656, 665 (9th Cir. 1999).
Analysis

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In their motion, Appellants assert that the Court should grant their motion at

11 least until the BAP rules on Appellants’ motion to reconsider its Order denying
12 transfer to this Court. On March 8, 2024, the BAP denied Appellants’ motion to
13 reconsider its denial of the transfer motions. That said, Appellants have not met the
14 standard for granting the motion for reconsideration before this Court as well.
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Accordingly, IT IS HEREBY ORDERED:

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1.

Appellants’ Motion For Reconsideration of Order Denying Motion to

17 Transfer Appeals to the United States District Court for the Eastern District of
18 Washington, ECF No. 9, is DENIED.
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IT IS SO ORDERED. The District Court Clerk is hereby directed to enter

20 this Order and provide copies to counsel.
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DATED this 1st day of April 2024.

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Stanley A. Bastian

Chief United States District Judge
ORDER DENYING MOTION FOR RECONSIDERATION ~ 2