Marshall v. Washington State Bar Association et al

Filing 112

ORDER denying 111 Motion for Reconsideration by Samuel Conti.(TD)

Download PDF
1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE WESTERN DISTRICT OF WASHINGTON 7 AT SEATTLE 8 9 BRADLEY MARSHALL, Plaintiff, For the Western District of Washington United States District Court 10 11 12 13 14 v. WASHINGTON STATE BAR ASSOCIATION, et al., Defendants. 15 ) ) ) ) ) ) ) ) ) ) ) ) Case No. CV-11-5319 SC ORDER DENYING MOTION FOR RECONSIDERATION REGARDING SANCTIONS AND STAY PENDING APPEAL 16 17 On November 30, 2012, the Court issued an order denying 18 Plaintiff Bradley Marshall's motion for leave to proceed with an 19 adversary complaint against Defendant Washington State Bar 20 Association ("WSBA") in bankruptcy court and sanctioned Mr. 21 Marshall for unreasonably multiplying proceedings pursuant to 28 22 U.S.C. ยง 1927. 23 that Mr. Marshall's adversary complaint fell within the scope of 24 the Court's May 23, 2012 Pre-Filing Order ("May 23 Order") and that 25 the adversary complaint raised arguments which had been rejected by 26 numerous courts in similar collateral attacks filed by Mr. Marshall 27 in the last several years. 28 to reconsider the November 30 Order and to stay the award of ECF No. 100 ("Nov. 30 Order"). Id. The Court found Mr. Marshall now moves the Court 1 sanctions as well as his bankruptcy proceedings pending his appeal 2 of the Court's May 23 Order. ECF No. 111 ("Mot."). 3 Motions for reconsideration are disfavored and are ordinarily 4 denied "in the absence of a showing of manifest error in the prior 5 ruling or a showing of new facts or legal authority which could not 6 have been brought to [the Court's] attention earlier with 7 reasonable diligence." 8 failed to show any manifest error. 9 does not challenge the Court's finding that his adversary complaint Civ. Local Rule 7(h)(1). Mr. Marshall has Indeed, Mr. Marshall's motion United States District Court For the Northern District of California 10 merely repeats arguments that were rejected in past collateral 11 attacks. 12 authority which could not have been cited earlier. 13 Mr. Marshall's motion for reconsideration is DENIED. 14 Nor does the motion point to any new facts or legal Accordingly, The Court also declines to stay the bankruptcy proceedings and 15 the award of sanctions. Mr. Marshall has offered no authority or 16 explanation as to why such a stay would be necessary or 17 appropriate. 18 For the foregoing reasons, Mr. Marshall's motion for 19 reconsideration and request to stay pending appeal are DENIED. 20 21 IT IS SO ORDERED. 22 23 24 Dated: December 10, 2012 UNITED STATES DISTRICT JUDGE 25 26 27 28 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?