Asociación de Salud Primaria de P.R., Inc. v. Commonwealth (In re Fin. Oversight & Mgmt. Bd. for P.R.)

330 F. Supp. 3d 667
CourtUnited States District Court
DecidedJuly 10, 2018
DocketNo. 17 BK 3283-LTS (Jointly Administered); No. 17-AP-00227-LTS
StatusPublished
Cited by2 cases

This text of 330 F. Supp. 3d 667 (Asociación de Salud Primaria de P.R., Inc. v. Commonwealth (In re Fin. Oversight & Mgmt. Bd. for P.R.)) is published on Counsel Stack Legal Research, covering United States District Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Asociación de Salud Primaria de P.R., Inc. v. Commonwealth (In re Fin. Oversight & Mgmt. Bd. for P.R.), 330 F. Supp. 3d 667 (usdistct 2018).

Opinion

Nor is the Court's exclusive jurisdiction over the property of the Commonwealth as a Title III debtor preclusive of remand or abstention. Suffice it to say that the Objectors' property-based exclusive jurisdiction argument would nullify the remand and abstention provisions of PROMESA and of the federal Bankruptcy Code entirely, since both statutes provide that the Court has exclusive jurisdiction of the property of the debtor or of the estate, as applicable.

Objectors' Further PROMESA Section 7 Arguments

The Corporación asserts that Section 7 of PROMESA requires this Court to hear the Removed Claims. In the Omnibus Objection, as noted above, Plaintiffs argue that this Court's abstention from hearing the Removed Claims would render PROMESA Section 7 a "nullity." Neither of the Objectors has demonstrated that this Court's remand of, and abstention from hearing, the Removed Claims would be at all inconsistent with the provisions of PROMESA Section 7.

First of all, notwithstanding the references to Section 7 in Plaintiffs' Notice of Removal, no pleading in the State Court Action invokes Section 7 of PROMESA. The underlying actions were commenced more than ten years ago, and assert claims under federal laws relating to Medicaid and federal health care programs. An argument that Section 7 precludes discharge in the Title III proceeding of the types of claims that have been asserted in the State Court Action is asserted in a separate adversary proceeding in this Court, but forms no part of the Removed Claims. Secondly, as explained above, Section 7 provides interpretive direction only. It does not purport to confer new rights or create any cause of action, and its provisions are not hindered or nullified by the continuation of proceedings that were commenced to determine and quantify any retroactive financial obligations of the Commonwealth in connection with the federal statutory provisions under which the Removed Claims were brought. Finally, the Commonwealth has not argued, nor does a remand or abstention decision entail a finding, that PROMESA relieves the Commonwealth of the obligation to pay any judgment resulting from the Removed Claims. The Court therefore concludes that abstention is not inconsistent with Section 7.

Abstention Factors

The Objectors, proceeding from their reasoning that PROMESA Section 309 is rendered inoperative by PROMESA Section 7, argue that the Court may only properly consider non-PROMESA-based abstention doctrines. As explained above, *675PROMESA Sections 306 and 309 remain operative with respect to the Removed Claims. Thus, the Court may remand the Removed Claims "on any equitable ground" pursuant to PROMESA Section 306(d)(2). 48 U.S.C.A. § 2166(d)(2) (West 2017). PROMESA Section 309 authorizes the Court to abstain from adjudicating the Removed Claims if it determines that abstention is in the interests of justice, providing that "[n]othing in this [title] prevents a district court in the interests of justice from abstaining from hearing a particular proceeding arising in or related to a case under this title." Id. § 2169. The language of Section 306(d)(2) is substantially similar to that of 28 U.S.C. § 1452, and the language of Section 309 tracks the language of 28 U.S.C. § 1334(c)(1). Those Sections of Title 28 govern removal and abstention in matters pertaining to cases under the federal Bankruptcy Code, and Judge Dein appropriately applied the standards governing abstention in bankruptcy cases in interpreting and applying the parallel provisions of PROMESA. The Court, having reviewed the Objections and the Report thoroughly under the de novo standard, adopts section III.B. of the Report.

To Judge Dein's fine and thorough analysis the Court adds the following, in light of the Objections. The federal nature of the claims under the health-related laws is not at all unimportant. It does not, however, outweigh other factors warranting abstention. The Court notes in this connection that the State Court has jurisdiction of the Removed Claims and is competent to adjudicate those claims, as it has been since the cases underlying the State Court Action were originally filed. The State Court has, as the Report notes, familiarity with the legal context and with the Spanish-language proceedings that have been under way for over a decade. This competence and familiarity, as well as the complexity of the proceedings, weigh in favor of abstention, particularly given the breadth and complexity of the debt adjustment aspects of the Title III proceedings that are before this Court and the relatively limited resources of this Court, in which a single district judge presides over all of the jointly administered Title III cases of Puerto Rico and its instrumentalities as required by PROMESA. Under these circumstances, recommitting the Removed Claims to a court of competent jurisdiction for the finalization of determinations of the scope and economic specifics of any liability of the Commonwealth is in the interests of justice and of the expeditious administration of the Title III cases.

CONCLUSION

For the foregoing reasons, the Court adopts Judge Dein's thorough and well-reasoned Report in its entirety and the Objections are overruled.

The Commonwealth's Motion for Abstention is granted and the Clerk of Court is respectfully directed to effectuate the remand promptly. The automatic stay imposed by 11 U.S.C. Section 362(a) as made applicable to these PROMESA Title III proceedings by Section 301 of PROMESA is lifted to the extent necessary to permit the State Court Action and related appeals to proceed through the entry, but not the execution or enforcement, of final judgment.

This Order resolves Docket Entry Nos. 29, 55, 58, and 60 in Case No. 17-AP-00227.

SO ORDERED.

REPORT AND RECOMMENDATION ON THE COMMONWEALTH OF PUERTO RICO'S MOTION FOR ABSTENTION

Judith Gail Dein, United States Magistrate Judge

In re: THE FINANCIAL OVERSIGHT AND MANAGEMENT BOARD FOR PUERTO RICO, as representative of *676THE COMMONWEALTH OF PUERTO RICO, Debtors.1

ASOCIACIÓN DE SALUD PRIMARIA DE PUERTO RICO, INC. et al., Plaintiffs,

-v-

COMMONWEALTH OF PUERTO RICO, et al., Defendants.

I. INTRODUCTION

The plaintiffs are not-for-profit federally-qualified health centers that receive Medicaid funds for services they provide. Under the Medicaid statutory scheme, the Commonwealth of Puerto Rico (the "Commonwealth") is obligated to make supplemental payments, known as "wraparound payments" or "WAPs" to the health centers.

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Bluebook (online)
330 F. Supp. 3d 667, Counsel Stack Legal Research, https://law.counselstack.com/opinion/asociacion-de-salud-primaria-de-pr-inc-v-commonwealth-in-re-fin-usdistct-2018.