Harold T Ocker v. Elizabeth Ocker

• Court: District Court, D. Arizona
• Decided: January 7, 2026
• Docket: 2:25-cv-04149
• Status: Unknown

Opinion

1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA

9 Harold T Ocker, No. CV-25-04149-PHX-KML CV-25-04259-PHX-KML 10 Appellant, ORDER 11 v.

12 Elizabeth Ocker,

13 Appellee. 14 15 In November 2025, appellant Harold T. Ocker filed two notices of appeal related to 16 a bankruptcy proceeding. On December 5, 2025, the court ordered the parties to file in the 17 second appeal statements explaining whether the two appeals should be consolidated. CV- 18 25-4259, Doc. 5. Harold’s statement was due December 15, 2025, but he did not file 19 anything. Instead, on December 17, 2025, Harold sent an email to chambers that included 20 two documents, one of which indicated Harold was experiencing difficulties in filing 21 documents. On December 22, 2025, appellee Elizabeth Ocker filed a statement arguing the 22 two appeals “are duplicative as they both appeal the same order.” CV-25-4259, Doc. 7 at 23 1. Thus, “rather than consolidating the two appeals,” Elizabeth believes the court “should 24 dismiss the second appeal.” CV-25-4259, Doc. 7 at 1. On December 28, 2025, Ocker sent 25 two additional emails to chambers that appear to be attempts to file documents. Finally, on 26 January 5, 2026, the bankruptcy court filed the certificate of readiness in CV-25-4259. CV- 27 25-4259, Doc. 8. 28 Beginning with Harold’s emails, the chambers’ email address may be used only for 1 the submission of proposed orders. A party may not send any other type of document or 2 communication to that address. Sending documents to that address does not result in the 3 documents being filed and the court will only consider documents that have been properly 4 filed. Although Harold is proceeding without counsel, he is reminded that he “must follow 5 the same rules of procedure that govern other litigants.” King v. Atiyeh, 814 F.2d 565, 567 6 (9th Cir. 1987), overruled on other grounds by Lacey v. Maricopa Cnty., 693 F.3d 896 (9th 7 Cir. 2012). Harold must arrange for the proper filing of all documents. 8 As for Elizabeth’s argument that the two appeals are duplicative, that is correct.1 9 The bankruptcy court held a hearing on November 4, 2025. At that hearing, the bankruptcy 10 judge discussed Ocker’s “Amended Objection to Joint Motion to Approve Settlement 11 Agreement.” CV-25-4259, Doc. 7-1 at 2. The court construed that objection as a “Motion 12 for Relief from Judgment or Order under Bankruptcy Rule 9024.” CV-25-4259, Doc. 7-1 13 at 2. The bankruptcy court heard arguments from the parties and denied that motion on the 14 record. Also on November 4, 2025, the court issued a written ruling that provided 15 additional explanation for denying Ocker’s motion. CV-25-4259, Doc. 7-1. The following 16 day, November 5, 2025, the bankruptcy court signed and docketed the minute entry 17 discussing the November 4 hearing. Bankruptcy Case No. 24-1131-PS, Doc. 219. Ocker 18 filed two notices of appeal. The first purports to appeal from the November 4 order and 19 was docketed under case number CV-25-4149, the second purports to appeal from the 20 November 5 minute entry and was docketed under case number CV-25-4259. But both 21 appeals seek review of the denial of Harold’s Motion for Relief from Judgment and one 22 appeal must be dismissed. 23 The certificate of readiness was filed in CV-25-4259 but no certificate has been filed 24 1 According to Elizabeth, both notices of appeal identify the relevant order as one issued 25 on November 4, 2025. CV-25-4259, Doc. 7 at 2. That is not entirely accurate. The first notice of appeal states Harold “appeals from the Order entered November 4, 2025, denying 26 his Amended Objection (treated as a Rule 9024 motion) and any subsequent orders related thereto.” CV-25-4149-PHX-KML, Doc. 1 at 5. The second notice of appeal states Ocker 27 appeals “from the Order entered on November 5, 2025 (Docket No. 219), by the Honorable Paul Sala, denying Debtor’s Motion under Bankruptcy Rule 9019 and Federal Rule of Civil 28 Procedure 60(b).” CV-25-4259, Doc. 1 at 5. Thus, the two notices of appeal purport to identify two different orders, one dated November 4 and one dated November 5. in CV-25-4149. Because the two cases are duplicative and the certificate of readiness has 2|| been filed in CV-25-4259, that appeal will continue and the earlier filed appeal, CV-25- || 4149, is dismissed. Harold is reminded that his opening brief must be received by the Clerk’s Office within 14 days of January 5, 2026. 5 IT IS ORDERED the appeal in CV-25-4149 is DISMISSED. All future 6 || proceedings will occur in CV-25-4259. 7 IT IS FURTHER ORDERED the Clerk of Court shall docket this order in CV-25- 4149 and CV-25-4259. 9 Dated this 7th day of January, 2026. 10

Honorable Krissa M. Lanham 13 United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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