In Re: LMCHH PCP LLC et al

Filing 39

ORDER DENYING Rec. Doc. 35 Motion for Leave to Appeal. IT IS ORDERED that Plaintiffs-Appellants' Petition for Leave to Appeal or in the Alternative Notice of Motion for Leave to Appeal in connection with the Bankruptcy Court's denial of their Motion for Class Certification and the corresponding Memorandum Opinion entered on February 9, 2018, is DENIED. Signed by Chief Judge Kurt D. Engelhardt on 4/27/2018. (Reference: All Cases)(sa)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
IN RE: LMCHH PCP, LLC

CIVIL ACTION

NO. 17-7939
c/w 17-10740 & 18-2069

SECTION “N” (1)

ORDER AND REASONS
Presently before the Court is “Plaintiffs-Appellants’ Petition for Leave to Appeal or in the
Alternative Notice of Motion for Leave to Appeal” (Rec. Doc. 35), in connection with the
Bankruptcy Court’s denial of their Motion for Class Certification (Bankr. Rec. Doc. 143) and the
corresponding Memorandum Opinion (Bankr. Rec. Doc. 144) entered on February 9, 2018, filed
by Barbara Kusnick and Rose Hunter Delaney, on behalf of themselves and all others similarly
situated. In opposition, the Plan Administrator, Clifford A. Zucker, has filed “Response of the Plan
Administrator for LMCHH PCP LLC, and Louisiana Medical Center and Heart Hospital, LLC in
Opposition to the February 23, 2018 Petition for Leave to Appeal or in the Alternative Notice of
Motion for Leave to Appeal the February 9, 2018 Order Denying Class Certification” (Rec. Doc.
31). Moreover, Plaintiffs-Appellants have filed “Plaintiffs-Appellants’ Reply Brief in Support of
Motion for Leave to Appeal” (Rec. Doc. 37).
Having carefully considered the extensive briefing by the parties, the Bankruptcy Court’s
rulings and findings, the entirety of the record, and the applicable law, the undersigned finds no
compelling reason to disturb the Bankruptcy Court’s rulings pertinent to the issues raised in

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Plaintiffs-Appellants’ motion for leave to appeal before the District Court and no reason to grant
leave to do so.
Accordingly;
IT IS ORDERED that “Plaintiffs-Appellants’ Petition for Leave to Appeal or in the
Alternative Notice of Motion for Leave to Appeal” (Rec. Doc. 35), in connection with the
Bankruptcy Court’s denial of their Motion for Class Certification (Bankr. Rec. Doc. 143) and the
corresponding Memorandum Opinion (Bankr. Rec. Doc. 144) entered on February 9, 2018, is
DENIED.
New Orleans, Louisiana, this 27th day of April 2018.
_________________________________
KURT D. ENGELHARDT
UNITED STATES DISTRICT JUDGE

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