Prime Healthcare Services, LLC v. Brotman Medical Center, Inc.

442 F. App'x 317

• Court: Court of Appeals for the Ninth Circuit
• Decided: July 13, 2011
• Docket: 09-56907
• Status: Unpublished

Opinion

MEMORANDUM **

We affirm the judgment of the district court that Prime Healthcare Services, LLC’s appeal of the confirmation order is equitably moot. Here, the substantial consummation of the reorganization plan is a “comprehensive change of circumstances” which makes granting the relief sought inequitable. See Focus Media v. Nat’l Broadcasting Co., 378 F.3d 916, 923 (9th Cir.2004). Requiring Brotman Medical Center, Inc. to pay Prime Healthcare an additional sum of money would unjustly affect the rights of other creditors and investors, particularly Brotmaris shareholders, whose equity interests would be placed below Prime Healthcare’s claim. Because allowing Prime Healthcare to contest the now-consummated reorganization plan “would knock the props out from under the authorization for every transaction that has taken place,” In re Roberts Farms, Inc., 652 F.2d 798, 797 (9th Cir.1981), we affirm. 1

AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

1 . Brotman’s unopposed Motion for Judicial Notice is granted.