RODRIGUEZ BORGES v. DOMENECH RODRIGUEZ et al

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IN THE UNITED STATES BANKRUPTCY COURT FOR
THE DISTRICT OF PUERTO RICO
IN RE:
MANUEL ANTONIO DOMENECH
RODRIGUEZ
CASE NO. 10-05835 BKT
CHAPTER 7
Debtor(s) 	ADVERSARY NO. 	10-00144
RUTH E RODRIGUEZ BORGES
Plaintiff
MANUEL ANTONIO DOMENECH
RODRIGUEZ
WIGBERTO LUGO MENDER ,TRUSTEE
FILED & ENTERED ON 06/29/2011
Defendant(s)
OPINION AND ORDER
This proceeding is before the Court upon the Plaintiff’s Motion requesting Reconsideration
of the Court’s Opinion and Order [Dkt. No. 35] and the Trustee’s Opposition to the Motion for
Reconsideration [Dkt. No. 38]. 	For the reasons set forth below, Plaintiff’s Motion for
Reconsideration is hereby DENIED
I. PROCEDURAL BACKGROUND AND DISCUSSION
Plaintiff seeks reconsideration pursuant to Federal Rules of Bankruptcy Procedure 9023,
which makes Federal Rules of Civil Procedure 59 applicable to bankruptcy proceedings. This rule
states that “[a]ny motion to alter or amend a judgment must be filed no later than 14 days after entry
of the judgment.”Fed. R. Civ. P. 59(e). In seeking reconsideration, “the moving party must either
clearly establish a manifest error of law or must present newly discovered evidence.” Marie v. Allied
Home Mortgage Corp., 402 F. 3rd 1, 7 n. 2 (1 st Cir. 2005) quoting Pomerleau v. W. Springfield Pub.
Sch., 362 F. 3d 143, 146 n. 2 (1 st Cir. 2004). In Marie, the First Circuit also cited a leading treatise,
Case:10-00144-BKT Doc#:40 Filed:06/29/11 Entered:06/29/11 16:29:08 Desc: Main
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noting four grounds for granting a motion for reconsideration under Federal Rules of Civil Procedure
59 (e). The grounds are “manifest errors of law or fact, newly discovered or previously unavailable
evidence, manifest injustice, and an intervening change in controlling law.” Marie v. Allied Home
Mortgage Corp., 402 F 3rd at 7 (citing 11 C. Wright et al., Federal Practice & Procedure § 2810.1
(2d ed. 1995)).
Reconsideration of a judgment under Rule 59 is an extraordinary remedy that is used
sparingly and only when the need for justice outweighs the interests advanced by a final judgment. It
is directed at allowing a court to correct it own errors. White v. New Hampshire Dept. of
Employment Security, 455 U.S. 445, 450 (1982).
On March 29, 2011 this Court dismissed the captioned adversary proceeding and denied
Plaintiff’s request for declaratory judgment [Dkt. No. 35]. On April 12, 2011 Ruth E. Rodriguez
Borges (“Plaintiff”) filed a Motion for Reconsideration on this Court’s Opinion and Order [Dkt. No.
37]; Plaintiff requests that this Court should stay, instead of dismiss this adversary proceeding until
the State Court renders a determination on a Motion for Contempt recently filed concerning the
alleged domestic support obligations (“DSO”) owed. 	Also, Plaintiff implores that this Court
reconsiders her request for Declaratory Judgment, and 	to enter a partial judgment classifying
Debtor’s DSO as a priority claim exempt from discharge.
The facts in this case have not changed, Plaintiff has failed to meet its burden for
reconsideration under Fed. R. Bktcy P. 9023. Plaintiff should pursue judgment in the State Court to
determine if any pre-petition DSO amount is owed. The result would then determine Plaintiff's status
as a creditor in Debtor's Chapter 7 Case 10-5835 (BKT).
III. CONCLUSION
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Absent a manifest error of law or newly found evidence, the court is not in a position to alter
or amend its previous order. Therefore, Plaintiff’s motion to alter or amend the order dismissing the
captioned adversary proceeding is hereby denied. The case remains dismissed.
SO ORDERED.
San Juan, Puerto Rico, this 29 day of June, 2011.
Brian K. Tester
U.S. Bankruptcy Judge
Case:10-00144-BKT Doc#:40 Filed:06/29/11 Entered:06/29/11 16:29:08 Desc: Main
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