To UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

In re: 

P J Cotter, Bankruptcy Case No. 14-51270 

 Honorable Thomas J. Tucker 

 Debtor. 

 

_______________________________/ 

P J Cotter, Civil Case No. 15-cv-12592 

 Honorable Linda V. Parker 

 Appellant, Magistrate Judge Mona K. Majoub 

v. 

Michael A. Stevenson, 

 Appelle 

_______________________________/ 

Appellee’s Motion To Dismiss Appeal 

Sonya N. Goll (P61136) 

Stevenson & Bullock, PLC 

Attorney for Appellee 

26100 American Dr., Suite 500 

Southfield, MI 48034 

(248) 354-7906 

sgoll@sbplclaw.com 

4:15-cv-12592-LVP-MKM Doc # 11 Filed 02/22/16 Pg 1 of 17 Pg ID 821
1 

 Michael A. Stevenson, Chapter 7 Trustee of P J Cotter (“Appellee”), by his 

counsel, Stevenson & Bullock, PLC, moves this Court for an order dismissing the 

pending appeal, and states as follows: 

Procedural Background 

1. On July 8, 2015, the Bankruptcy Court entered the Order Granting 

Trustee’s Motion for Authority to Compromise . [Bankruptcy Docket No. 110] (the 

“Order”). 

2. On July 21, 2015, the Debtor filed a Motion to Amend Order, Etc. 

[Bankruptcy Court Docket No. 117], requesting the Court, in effect, reconsider the 

Order; On July 24, 2015, the Court entered the Order Denying Debtor’s Motion to 

Amend Order, Etc. [Bankruptcy Court Docket No. 130]. 

3. Appellant filed a notice of appeal of the Order on July 22, 2015, one 

day after the Motion to Amend Order, Etc. was filed, and two days before the 

Order Denying Debtor’s Motion to Amend Order, Etc. was entered. 

 4. The Appellant failed to file a Motion for Stay Pending Appeal. 

 5. On July 30, 2015, an Order Dismissing Case Number 14-13115 [U.S. 

District Court Docket No. 54] (the “Order Dismissing”) was entered dismissing 

United States District Court Case 14-13115, Stevenson v. Ocwen Loan Servicing, 

4:15-cv-12592-LVP-MKM Doc # 11 Filed 02/22/16 Pg 2 of 17 Pg ID 822
2 

LLC, et. al (the “District Court Lawsuit”); the Order Dismissing was not appealed 

and is now a final order. 

6. On February 9, 2016, Magistrate Judge Mona K. Majzoub, entered 

her Report and Recommendation (Docket No. 10) recommending that the appeal 

be dismissed for lack of standing (the “Magistrate’s Report”). 

7. On February 19, 2016, the Appellant’s underlying bankruptcy case, 

Bankruptcy Case No. 14-51270, was closed without discharge. (See Exhibit D 

attached hereto). 

Grounds for Relief Requested 

 8. Appellant’s appeal seeks to set aside the Order. However, Appellant 

failed to request a stay pending appeal from either this Court or the Bankruptcy 

Court, and the bankruptcy case was closed after the District Court Lawsuit was 

dismissed. 

 9. The mootness doctrine, is premised on the fundamental jurisdictional 

tenet that federal courts are only empowered to hear live cases and controversies. 

U.S. Const. art. III, section 2; In re Texaco, Inc., 92 Bankr. 38, 45 (S.D.N.Y. 

1988); In re Sullivan Cent. Plaza, I, Ltd., 914 F.2d 731, 735 (5th Cir. 1990). 

 10. A case is found moot when the issues presented are no longer live or 

the parties lack a legally cognizable interest in the outcome. In re Asmar, Inc., 

4:15-cv-12592-LVP-MKM Doc # 11 Filed 02/22/16 Pg 3 of 17 Pg ID 823
3 

2013 U.S. Dist. Lexis 22646, 7, 2013 WL 628581 (Bank. E.D.MI. 2013) (citations 

omitted), (citing County of Los Angeles v David, 440 U.S. 625, 631, 99 S. Ct. 

1379, 59 L. Ed. 2d 642, (citing Powell v McCormack, 395 U.S. 486, 497, 89 S. Ct. 

1944, 23 L. Ed. 2d 491 (1969))). 

11. If an appellate court lacks the power to provide an effective remedy 

for an appellant if the court were to find in the appellant’s favor on the merits, the 

appeal is properly dismissed as moot. Mills v Green, 159 U.S. 651, 653, 16 S. Ct. 

132, 133, 40 L. Ed. 293 (1895); In re Comodore Corp., 86 Bankr. 564, 569 

(N.D.Ind. 1988); In re Sullivan Cent. Plaza, I, Ltd., 914 at 735. 

 12. “For that reason, if any event occurs while a case is pending on appeal 

that makes it impossible for the court to grant ‘any effectual relief whatever’ to a 

prevailing party, the appeal must be dismissed.” In re Osborn, 24 F.3d 1199, 1203 

(10th Cir. 1994)(quoting Church of Scientology v. United States, 506 U.S. 9, 12, 

113 S. Ct. 447, 121 L. Ed. 2d 313 (1992)). 

13. Even if this Court could find in the Appellant’s favor, which is highly 

unlikely given the Magistrate’s Report, it would be impossible for the court to give 

the Appellant any effectual relief whatever, as the District Court Lawsuit, which 

was the basis for the Trustee’s Motion for Authority to Compromise, has been 

dismissed, and the bankruptcy case closed. 

4:15-cv-12592-LVP-MKM Doc # 11 Filed 02/22/16 Pg 4 of 17 Pg ID 824
4 

 15. Undersigned counsel requested concurrence in the relief requested, 

and concurrence was not granted. 

Relief Requested 

 16. For the grounds set forth above, Appellee respectfully requests the 

Court dismiss Appellant’s appeal. 

Stevenson & Bullock, PLC 

 /s/ Sonya N. Goll (P61136) 

Attorney for 26100 American Dr., Suite 500 

Southfield, MI 48034 

(248) 354-7906 

sgoll@sbplclaw.com

Date: February 22, 2016 

Certificate of Service 

 I hereby certify that on February 22, 2016, I filed with the Court, via the Court’s 

Electronic Case Filing system, a copy of the Appellee’s Motion to Dismiss Appeal. The 

Motion was served upon required parties electronically via the Court’s Notice of 

Electronic Filing System or by placing same in an envelope with sufficient postage 

thereon, and depositing same in a United States mail receptacle in the City of 

Southfield, State of Michigan to: 

PJ Cotter, P.O. Box 131, Anchorville, MI 48004. 

 /s/ Sonya N. Goll (P61136) 

Stevenson & Bullock, PLC 

 Attorney for Appellee

4:15-cv-12592-LVP-MKM Doc # 11 Filed 02/22/16 Pg 5 of 17 Pg ID 825
5 

UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

 

 

In re: 

P J Cotter, Bankruptcy Case No. 14-51270 

 Honorable Thomas J. Tucker 

 Debtor. 

 

_______________________________/ 

P J Cotter, Civil Case No. 15-cv-12592 

 Honorable Linda V. Parker 

 Appellant, Magistrate Judge Mona K. Majoub 

v. 

Michael A. Stevenson, 

 Appelle 

_______________________________/ 

Brief in Support of Appellee’s Motion To Dismiss Appeal 

Michael A. Stevenson, Chapter 7 Trustee of P J Cotter (“Appellee”), by his 

counsel, Stevenson & Bullock, PLC, and in support of his motion to dismiss appeal 

states: 

1. The Appellee relies upon the facts, law and arguments as set forth in 

his Motion. 

For the grounds set forth above, Appellee respectfully requests the Court 

dismiss Appellant’s appeal. 

4:15-cv-12592-LVP-MKM Doc # 11 Filed 02/22/16 Pg 6 of 17 Pg ID 826
6 

Stevenson & Bullock, PLC 

 /s/ Sonya N. Goll (P61136) 

Attorney for 26100 American Dr., Suite 500 

Southfield, MI 48034 

(248) 354-7906 

sgoll@sbplclaw.com

Date: February 22, 2016 

4:15-cv-12592-LVP-MKM Doc # 11 Filed 02/22/16 Pg 7 of 17 Pg ID 827
1 

UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

 

 

In re: 

 P J Cotter, Bankruptcy Case No. 14-51270 

 Honorable Thomas J. Tucker 

 Debtor. 

 

_______________________________/ 

P J Cotter, Civil Case No. 15-cv-12592 

 Honorable Linda V. Parker 

 Appellant, Magistrate Judge Mona K. Majoub 

v. 

Michael A. Stevenson, 

 Appelle 

_______________________________/ 

 

Index of Exhibits 

 

Exhibit Description 

A Order Granting Trustee’s Motion for Authority to Compromise 

[Bankruptcy Docket No. 110] 

B Order Denying Debtor’s Motion to Amend Order, Etc. [Bankruptcy 

Court Docket No. 130] 

C Order Dismissing Case Number 14-13115 [U.S. District Court Docket 

No. 54] 

D Docket Text case number 14-51270 closed without discharge 

 

4:15-cv-12592-LVP-MKM Doc # 11 Filed 02/22/16 Pg 8 of 17 Pg ID 828
2 

EXHIBIT A 

4:15-cv-12592-LVP-MKM Doc # 11 Filed 02/22/16 Pg 9 of 17 Pg ID 829
UNITED STATES BANKRUPTCY COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION – DETROIT 

IN THE MATTER OF: 

P J Cotter, Case No. 14-51270-tjt 

Judge Thomas J. Tucker 

Debtor Chapter 7 

___________________________/ 

ORDER GRANTING TRUSTEE’S MOTION FOR AUTHORITY TO 

COMPROMISE CLAIMS IN UNITED STATES DISTRICT COURT CASE 14-13115, 

STEVENSON v. OCWEN LOAN SERVICING, LLC, ET AL. 

This case is before the Court on the Chapter 7 Trustee’s motion entitled “Trustee’s 

Motion for Authority to Compromise United States District Court Case 14-13115, Stevenson v. 

Ocwen Loan Servicing, LLC, et. al.” (Docket # 66, the “Motion”). The Debtor filed objections 

to the Motion, and the Court held hearings on May 20, 2015 and July 8, 2015. For the reasons 

stated by the Court on the record during the July 8, 2015 hearing, 

IT IS ORDERED that the Motion is granted, and the Trustee is authorized to settle and 

compromise the bankruptcy estate’s interest in United States District Court Case 14-13115, 

Stevenson v. Ocwen Loan Servicing, LLC et. al. upon the terms provided in the Motion . 

IT IS FURTHER ORDERED that Ocwen Loan Servicing, LLC must pay to the 

Bankruptcy estate the amount of $10,000.00, and the Estate will release any and all claims it now 

has, or may have, against the Defendants and dismiss the Complaint with prejudice and without 

costs. 

IT IS FURTHER ORDERED that the Trustee may execute any document or 

perform any act which in the Trustee’s judgment is necessary, reasonable, or appropriate to 

implement, effectuate, and consummate the settlement, including signing a release of all the 

Debtor’s and the bankruptcy estate’s claims and taking action to dismiss the District Court 

Litigation. 

. 

Signed on July 08, 2015 

14-51270-tjt Doc 110 Filed 07/08/15 Entered 07/08/15 12:38:16 Page 1 of 1

4:15-cv-12592-LVP-MKM Doc # 11 Filed 02/22/16 Pg 10 of 17 Pg ID 830
3 

EXHIBIT B 

4:15-cv-12592-LVP-MKM Doc # 11 Filed 02/22/16 Pg 11 of 17 Pg ID 831
UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

IN RE: Case No. 14-51270

 

PJ COTTER, pro se, Chapter 7

 

Debtor. Judge Thomas J. Tucker

 /

ORDER DENYING DEBTOR’S MOTION TO AMEND ORDER, ETC.

This case is before the Court on the Debtor's motion filed July 21, 2015, entitled "Motion

to Amend Order Docket Entry # 110. . .," filed July 21, 2015 (Docket # 117, the "Motion"),

which the Court construes as a motion for reconsideration of, and for relief from, and to alter, the

July 8, 2015 Order Granting Trustee's Motion for Authority to Compromise Claims in United

States District Court Case 14-13115 (Docket # 110, the “July 8 Order”). 

The Court finds that the Motion fails to demonstrate a palpable defect by which the Court

and the parties have been misled, and that a different disposition of the case must result from a

correction thereof. See Local Rule 9024-1(a)(3).

In addition, the Court finds that the allegations in the Motion do not establish any valid

ground under Fed.R.Civ.P. 59(e), 60(b), Fed.R.Bankr.P. 9024, or any other valid ground for

relief from the July 8 Order. 

NOW, THEREFORE,

IT IS ORDERED that the Motion is denied.

.

Signed on July 24, 2015 

14-51270-tjt Doc 130 Filed 07/24/15 Entered 07/24/15 12:28:12 Page 1 of 1

4:15-cv-12592-LVP-MKM Doc # 11 Filed 02/22/16 Pg 12 of 17 Pg ID 832
4 

EXHIBIT C 

4:15-cv-12592-LVP-MKM Doc # 11 Filed 02/22/16 Pg 13 of 17 Pg ID 833
 

UNITED STATES BANKRUPTCY COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION – DETROIT 

IN THE MATTER OF: 

P. J. Cotter, Bankruptcy Case No. 14-51270-tjt 

 Honorable Thomas J. Tucker 

 Debtor. Chapter 7 

 / 

Stevenson Honorable Mark A. Goldsmith 

 Honorable Anthony P. Patti 

Case No. 14-cv-13115 

 

 Plaintiff 

v. 

 Ocwen Loan Services, L.L.C. et al 

 Defendants 

 / 

ORDER DISMISSING CASE NUMBER 14-13115 

 This matter having come before the Court upon stipulation of the parties hereto, 

said stipulation being incorporated in the Order Resolving U.S. District Court Case 14-13115 

and for Turnover of Proceeds to the Bankruptcy Estate entered by the Court on July 15, 2015 

(DN 53), the parties having represented to the Court that they are in agreement; and the Court 

being fully advised in the premises; 

 IT IS HEREBY ORDERED that the underlying case is DISMISSED. 

Dated: July 30, 2015 s/Mark A. Goldsmith 

Detroit, Michigan MARK A. GOLDSMITH 

 United States District Judge 

 

 CERTIFICATE OF SERVICE

The undersigned certifies that the foregoing document was served upon counsel of record and 

any unrepresented parties via the Court's ECF System to their respective email or First Class 

U.S. mail addresses disclosed on the Notice of Electronic Filing on July 30, 2015. 

 s/Carrie Haddon 

 Case Manager 

4:15-cv-12592-LVP-MKM Doc # 11 Filed 02/22/16 Pg 14 of 17 Pg ID 834 2:14-cv-13115-MAG-APP Doc # 54 Filed 07/30/15 Pg 1 of 1 Pg ID 428
5 

EXHIBIT D 

4:15-cv-12592-LVP-MKM Doc # 11 Filed 02/22/16 Pg 15 of 17 Pg ID 835