Wood v. Coordinated Care Corp. (In re Qliance Med. Grp. of Wash., PC)

Full title: In re QLIANCE MEDICAL GROUP OF WASHINGTON, PC, Debtor. EDMUND J. WOOD, as…

Court: UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE

Date published: Mar 31, 2020

NO. C19-1960MJP (W.D. Wash. Mar. 31, 2020)

Opinion

NO. C19-1960MJP

03-31-2020

In re QLIANCE MEDICAL GROUP OF WASHINGTON, PC, Debtor. EDMUND J. WOOD, as Trustee for the Estate, Plaintiff/Appellee, v. COORDINATED CARE CORPORATION, Defendant/Appellant.

Marsha J. Pechman United States District Judge

ORDER DENYING MOTION FOR LEAVE TO APPEAL

This matter comes before the Court on Coordinated Care Corporation's "Motion for Leave to Appeal Under 28 U.S.C. § 158(a)(3) and a Stay Pending Resolution of the Appeal." Dkt. # 1-2.¹ In determining whether to grant leave to appeal under 28 U.S.C. § 158(a)(3), courts "look for guidance to standards developed under 28 U.S.C. § 1292(b) . . . even though the procedure is somewhat different." In re Belli, 268 B.R. 851, 858 (B.A.P. 9th Cir. 2001). Leave to appeal in this context "should not be granted unless refusal would result in wasted litigation and expense, the appeal involves a controlling question of law as to which there is a substantial ground for difference of opinion, and an immediate appeal would materially advance the ultimate termination of the litigation." In re NSB Film Corp., 167 B.R. 176, 180 (B.A.P. 9th Cir. 1994). See also In re GACN, Inc., 555 B.R. 684, 692 (B.A.P. 9th Cir. 2016).

1 The motion for leave to appeal was ostensibly filed on behalf of both Coordinated Care Corporation and Coordinated Care of Washington, Inc. The Trustee's claims against the latter company were dismissed by the Bankruptcy Court on September 19, 2019, however, and the order on appeal runs solely against Coordinated Care Corporation. See Wood v. Coordinated Care Corporation, et al., Adversary Proceeding No. 19-1081CMA, Dkt. # 25 and # 34. To the extent Coordinated Care of Washington, Inc., seeks leave to appeal, the request is DENIED. --------

The undersigned recently amended the discharge order in Coordinated Care Corporation v. Qliance Medical Group of Washington, PC, C17-1180MJP, on which Coordinated Care Corporation's appeal is based. In light of the amendment, there is no reasonable, much less substantial, ground for disagreement with the bankruptcy court's findings that the Adversary Action is not barred by either the discharge order or the doctrine of res judicata. Leave to appeal is therefore DENIED.

DATED this 31st day of March, 2020.

/s/_________

Marsha J. Pechman

United States District Judge