FILED
NOT FOR PUBLICATION JUL 13 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
In the Matter of: BROTMAN MEDICAL No. 09-56907
CENTER, INC.,
D.C. No. 2:09-cv-02378-CJC
Debtor,
MEMORANDUM*
PRIME HEALTHCARE SERVICES,
LLC,
Appellant,
v.
BROTMAN MEDICAL CENTER, INC.,
Appellee.
Appeal from the United States District Court
for the Central District of California
Cormac J. Carney, District Judge, Presiding
Argued and Submitted June 9, 2011
Pasadena, California
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
Before: B. FLETCHER and N.R. SMITH, Circuit Judges, and BREWSTER,
Senior District Judge.**
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
Brotman’s 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 793, 797 (9th Cir. 1981), we affirm.1
AFFIRMED.
**
The Honorable Rudi M. Brewster, Senior District Judge for the U.S.
District Court for Southern California, San Diego, sitting by designation.
1
Brotman’s unopposed Motion for Judicial Notice is granted.