Church of the Gardens v. O'Rourke

1 U.S. FDILISETDR IINC TT HCEO URT 2 EASTERN DISTRICT OF WASHINGTON Apr 01, 2024 SEAN F. MCAVOY, CLERK 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF WASHINGTON In re: Agnes Niczyporuk, 10 Debtor. No. 2:24-CV-00011-SAB CHURCH OF THE GARDENS; AGNES NICZYPORUK; RONALD J.

14 O’DONNELL, ORDER DENYING MOTION 15 Appellants, FOR RECONSIDERATION 16 v. KEVIN D. O’ROURKE, Chapter 7 Trustee; UST-UNITED STATES TRUSTEE, SPOKANE, 20 Appellees.

22 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.

26 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.

1 Motion Standard Motions for reconsideration is “an extraordinary remedy, to be used 3|| 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 5|| 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).

9 Analysis 10 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.

15 Accordingly, IT IS HEREBY ORDERED: 16 l. Appellants’ Motion For Reconsideration of Order Denying Motion to 17|| Transfer Appeals to the United States District Court for the Eastern District of Washington, ECF No. 9, is DENIED.

19 IT IS SO ORDERED. The District Court Clerk is hereby directed to enter 20)| this Order and provide copies to counsel.

21 DATED this Ist day of April 2024.

Sucker Ecc Yoar 2 ky Ss Stanley A. Bastian 28 Chief United States District Judge ORDER DENYING MOTION FOR RECONSIDERATION ~ 2