RICHARD G. ANDREWS, District Judge.
Pending before this Court is prose appellant Calvin Williams' Motion for Reconsideration. (D.I. 62). He seeks reconsideration of the Court's August 30, 2017 order (D.I. 61), which dismissed his appeal for lack of jurisdiction. For the reasons set forth below, the motion is denied.
1.
2. The notice of appeal was filed December 5, 2016. (Id. at 4). In essence, the Court's previous Memorandum held that the notice of appeal needed to be filed within fourteen days from when the time to file a notice of appeal started to run, and that (1) the triggering date was September 7, 2016, when the Bankruptcy Court denied appellant's first motion to reconsider (id. at 7), or, in the alternative, (2) the triggering date was November 16, 2016, when the Bankruptcy Court denied appellant's second motion to reconsider. (Id. at 8). In the second alternative, the notice of appeal would have had to be filed by Wednesday, November 30, 2016, to be timely. (Id.).
3. On September 5, 2017, Mr. Williams filed the motion for reconsideration,
4. On October 5, 2017, Mr. Williams filed a notice of appeal to the United States Court of Appeals for the Third Circuit. (D.I. 69). The Third Circuit appeal is currently stayed pending the Court's ruling on the motion for reconsideration. (See D.I. 74).
5.
6. "A party's mere disagreement with the Court does not translate into the type of clear error of law which justifies reconsideration of a ruling." Zoka.ites, 2011 WL 2293283, at *1; see also Dare Invs., LLC v. Chi. Title Ins. Co., 2011WL5513196, at *5 (D.N.J. Nov. 10, 2011) (mere disagreement with the Court's decision will not suffice). Moreover, reargument and reconsideration requests "are not a substitute for an appeal from a final judgment" nor are they an opportunity for "endless debate between the parties and the Court." Brambles USA, Inc. v. Blocker, 735 F.Supp. 1239, 1240 (D. Del. 1990) (internal citations omitted). Reargument should not be granted where it would merely "allow wasteful repetition of arguments already briefed, considered, and decided." Id. (citing Weissman v. Fruchtman, 124 F.R.D. 559, 560 (S.D.N.Y. 1989).
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8. First, as this Court has already determined, the deadline for Mr. Williams to file the notice of appeal began to run from the date of the Bankruptcy Court's order denying his first motion for reconsideration, which was entered on September 7, 2016. (See D.I. 60 at 7). As Mr. Williams makes no argument as to why the Court erred in this determination, there is no ground to reconsider it. On this basis, the motion for reconsideration is denied.
9. Second, even if the deadline to file the notice of appeal ran from the denial of the second motion to reconsider, that is, November 16, 2016, the notice of appeal filed on December 5, 2016 was still untimely. (D.I. 60 at 8). Bankruptcy Rule 9006(f) does not apply to the appeals period prescribed by Bankruptcy Rule 8002(a). By its plain language, Bankruptcy Rule 9006(f) applies "[w]hen there is a right or requirement to act . . . within a prescribed period after being served and that service is by mail . . ." See Fed. R. Bankr. P. 9006(f). Bankruptcy Rule 9006(f) does not extend the time within which to act where, as here, the time period for taking the action begins to run from an event other than service, such as the entry of the underlying order. See Fed. R. Bankr. P. 9006(f); In re Arbuckle, 988 F.2d 29, 31-32 (5th Cir. 1993) (holding that Bankruptcy Rule 9006(f), by its terms, "applies when a time period begins to run after service," and thus does not apply to the appeals period prescribed by Bankruptcy Rule 8002(a), which begins to run upon entry of the order, not its service). The Court followed well-settled law regarding the timeliness of appeals under Bankruptcy Rule 8002, and Mr. Williams has cited no authority to the contrary. Thus, there is no clear error of law or manifest injustice that must be corrected on reconsideration.
10. Mr. Williams claims the result is harsh. I do not disagree, but Congress has mandated the jurisdictional nature of appellate deadlines, and the Third Circuit has, as it must, followed suit. See In re Caterbone, 640 F.3d 108, 113 (3d Cir. 2011). I too must follow suit. As the Supreme Court has stated:
Bowles v. Russell, 551 U.S. 205, 212-13 (2007) (internal citations and quotation marks omitted).
11. The motion for reconsideration cites Bankruptcy Rule 9006(b)(1) and includes a separate request that the deadline for filing the notice of appeal be extended based on excusable neglect. (See DJ. 62 at 2-4). However, Mr. Williams' failure to seek an extension for excusable neglect within the time frame set forth in Bankruptcy Rule 8002(d)(1) was addressed in the Memorandum (see D.I. 60 at 8), and Bankruptcy Rule 9006(b) does not provide a separate basis for extension of the deadline to appeal. Bankruptcy Rule 9006(b)(1) provides:
Fed. R. Bankr. P. 9006(b)(1) (emphasis added). Paragraph (3) of this rule expressly states that a court may enlarge the time for taking action under Bankruptcy Rule 8002 "only to the extent and under the conditions stated" in that rule. Id.; In re Douglas, 477 B.R. 274, 276, n.3 (D.D.C. 2012) ("Rule 9006(b)(1) governs time extensions under other bankruptcy rules, but specifically excludes Rule 8002 from its operation."). Bankruptcy Rule 8002(d)(1) governs the relief Mr. Williams is seeking and provides that a bankruptcy court "may extend the time to file a notice of appeal upon a party's motion that is filed: (A) within the time prescribed by this rule; or (B) within 21 days after that time, if the party shows excusable neglect." Fed. R. Bankr. P. 8002(d)(1). Thus, Bankruptcy Rule 8002(d) requires that, even in cases of excusable neglect, the issue must be raised and a motion filed within 21 days following the expiration of the 14-day appeal period provided in Bankruptcy Rule 8002(a)(1). No such request was made within the 21-day period. As Bankruptcy Rule 9006(b) does not provide a separate basis for extension of the deadline to appeal, Mr. Williams' request for reconsideration on this basis must be denied.
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