Opinion
Case No. 07-13713, Bankr. Case No. 05-55927.
September 30, 2008
ORDER DISMISSING APPEAL
On September 4, 2007, Appellant Visteon Corp. commenced two separate appeals in this Court, Case Nos. 07-13713 and 07-13714, challenging both (i) the Bankruptcy Court's July 18, 2007 order confirming Debtors' first amended joint plan, and (ii) the Bankruptcy Court's subsequent August 21, 2007 order denying Visteon's motion for reconsideration of the underlying July 18 order. In the course of these appeals, the parties have filed identical sets of briefs in each of the two cases, in which they address Visteon's challenges to both the July 18 and the August 21 rulings of the Bankruptcy Court.
Under these circumstances, this Court finds that Visteon's two appeals are duplicative, and that one of them should be dismissed. As the Sixth Circuit has recognized, an appeal from the denial of a motion for reconsideration ordinarily is understood as drawing into question the underlying ruling that was the subject of the motion for reconsideration. See National Ecological Foundation v. Alexander, 496 F.3d 466, 476-77 (6th Cir. 2007); Inge v. Rock Financial Corp., 281 F.3d 613, 618 (6th Cir. 2002). Here, all parties recognize that Visteon is challenging both the August 21 order denying its motion for reconsideration and the underlying July 18 order that was the subject of this motion. Indeed, and as noted, the parties have submitted identical briefs in each of the pending appeals in which they address both of these Bankruptcy Court rulings. Accordingly, Visteon's appeal from the July 18 order (Case No. 07-13713) will be dismissed, and the Court instead will address Visteon's various challenges to both of the Bankruptcy Court's orders in the context of the company's remaining appeal (Case No. 07-13714).
For these reasons,
NOW, THEREFORE, IT IS HEREBY ORDERED that Case No. 07-13713 is DISMISSED. As explained, this dismissal is without prejudice to Visteon's opportunity to challenge the Bankruptcy Court's July 18, 2007 order that is cited in Visteon's notice of appeal.