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In Re Brotman Medical Center, Inc., A California Corporation, Debtor. v. Jacob Terner

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA LOS ANGELES DIVISION


May 17, 2012

IN RE BROTMAN MEDICAL CENTER, INC., A CALIFORNIA CORPORATION, DEBTOR. BROTMAN MEDICAL CENTER, INC., A CALIFORNIA CORPORATION, AND PROSPECT MEDICAL SYSTEMS, INC., A DELAWARE CORPORATION, APPELLANTS,
v.
JACOB TERNER, AN INDIVIDUAL; AND HERTA AND PAUL AMIR FAMILY TRUST, DATED FEBRUARY 13, 1987, APPELLEES.

Bankruptcy Case No. 2:07-19705-BB Adv. Proc. No. 2:09-01285-BB

The opinion of the court was delivered by: Hon. Cormac J. Carney United States District Court Judge

Chapter 11

ORDER GRANTING STIPULATION FOR FURTHER TRANSFER OF PROCEEDING TO BANKRUPTCY COURT FOR DETERMINATION OF APPELLEE'S ENTITLEMENT TO ATTORNEYS' FEES

This Court, having considered the Stipulation For Further Transfer Of Proceeding To Bankruptcy Court For Determination Of Appellee's Entitlement To Attorneys' Fees ("Stipulation") filed on May 16, 2012, by appellants Brotman Medical Center, Inc. and Prospect Medical Systems, Inc., on the one hand, and appellee Jacob Terner ("Dr. Terner"), individually and on behalf of appellee Herta and Paul Amir Family Trust, dated February 13, 1987, on the other hand (collectively, the "Parties"), having found the relief requested by the Stipulation to be in accordance with the February 15, 2012 Order of the United States Court of Appeals for the Ninth Circuit ("Ninth Circuit") transferring the above-captioned proceeding to this Court, and good cause appearing therefor,

HEREBY ORDERS:

1. The Stipulation is granted.

2. The above-captioned proceeding, transferred to this Court by the Ninth Circuit, is hereby further transferred to the United States Bankruptcy Court for the Central District of California (the "Bankruptcy Court"), for determination of the sole issue of whether Dr. Terner is now entitled to recover "attorneys' fees and costs incurred in connection with the Brotman Adversary Proceeding" (as defined in the Stipulation), and, if so, in what amount up to the stated maximum of $254,804.40, as more specifically explained in, and which issue is to be determined in accordance with, the provisions of that certain Term Sheet executed between the Parties and attached as Exhibit 1 to the Stipulation (the "Attorneys' Fees Issue").

3. The Bankruptcy Court shall adjudicate the Attorneys' Fees Issue in accordance with the mandate from the Ninth Circuit and the Term Sheet entered into between the Parties.

4. The Bankruptcy Court's determination of the Attorneys' Fees Issue shall be final and non-appealable.

20120517

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