Scott v. Metropolitan Health Corporation d/b/a Metropolitan Hospital, a Michigan Corporation et al
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|Date Filed||#||Document Text|
|November 21, 2013
ORDER denying 42 Motion to Stay. In sum, Scott has failed to make the requisite showing for a stay pending appeal. The court finds that she has failed to show a likelihood of success on the merits, that she will be irreparably harmed absent a stay , or that the public interest will be served by allowing a stay pending appeal. While the court is not convinced that Metropolitan will be "substantially injured," Nken , 556 U.S. at 434, absent a stay pending appeal, Scott bears th e burden of proof on this motion and she has failed to demonstrate three of the four factors. The Clerk of Court is DIRECTED to forward a copy of this order to the clerk's office for the United States Court of Appeals for the Fourth Circuit. Signed by Senior Judge James C. Fox on 11/21/2013. Copy of order emailed to the attention of Cathy Tyree at the Fourth Circuit. (Grady, B.)
|August 23, 2013
JUDGMENT - IT IS ORDERED, ADJUDGED AND DECREED that the Bankruptcy Court's Order allowing summary judgment in favor of Metropolitan on the issue of the dischargeability of the sanctions award, February 17, 2011 Bankruptcy Court Order, Case No. 1 0-00794-8-JRL, and the order denying reconsideration, June 6, 2011 Bankruptcy Court Order, Case No. 10-00794-8-JRL, are AFFIRMED. The case is REMANDED to the Bankruptcy Court for the Eastern District of North Carolina for proceedings consistent with this opinion. The court dispenses with oral argument because the facts and legal issues are adequately presented in the briefs and record and the decisional process would not be significantly aided by argument. Fed. R. Bankr. P. 8012. Signed by Susan Edwards, Deputy for Julie A. Richards, Clerk of Court on 8/23/2013. (Edwards, S.)
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