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Church of the Gardens v. O'Rourke (In re Niczyporuk)

United States District Court, Eastern District of Washington
Apr 1, 2024
2:24-CV-00011-SAB (E.D. Wash. Apr. 1, 2024)

Opinion

2:24-CV-00011-SAB

04-01-2024

In re Agnes Niczyporuk, Debtor. v. KEVIN D. O'ROURKE, Trustee; UST-UNITED STATES TRUSTEE, SPOKANE, Appellees. CHURCH OF THE GARDENS; AGNES NICZYPORUK; RONALD J. O'DONNELL, Appellants,


Chapter 7

ORDER DENYING MOTION FOR RECONSIDERATION

Stanley A. Bastian, Chief United States District Judge

Before the Court is Appellants' Motion For Reconsideration of Order Denying Motion to Transfer Appeals to the United States District Court for the Eastern District of Washington, ECF No. 9. The motion was heard without oral argument. Appellants are represented by Scott E. Stafne.

On February 14, 2024, the Court denied Appellants' Motion to Transfer Appeals to the United States District Court for the Eastern District of Washington, ECF No. 8. Appellants now move the Court to reconsider that decision.

Motion Standard

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

Analysis

In their motion, Appellants assert that the Court should grant their motion at least until the BAP rules on Appellants' motion to reconsider its Order denying transfer to this Court. On March 8, 2024, the BAP denied Appellants' motion to reconsider its denial of the transfer motions. That said, Appellants have not met the standard for granting the motion for reconsideration before this Court as well.

Accordingly, IT IS HEREBY ORDERED:

1. Appellants' Motion For Reconsideration of Order Denying Motion to Transfer Appeals to the United States District Court for the Eastern District of Washington, ECF No. 9, is DENIED.

IT IS SO ORDERED. The District Court Clerk is hereby directed to enter this Order and provide copies to counsel.


Summaries of

Church of the Gardens v. O'Rourke (In re Niczyporuk)

United States District Court, Eastern District of Washington
Apr 1, 2024
2:24-CV-00011-SAB (E.D. Wash. Apr. 1, 2024)
Case details for

Church of the Gardens v. O'Rourke (In re Niczyporuk)

Case Details

Full title:In re Agnes Niczyporuk, Debtor. v. KEVIN D. O'ROURKE, Trustee; UST-UNITED…

Court:United States District Court, Eastern District of Washington

Date published: Apr 1, 2024

Citations

2:24-CV-00011-SAB (E.D. Wash. Apr. 1, 2024)

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