Mincks

Broadway Buildings II L.P. v. Mincks

Good Law
22 F. App'x 858
United States Court of Appeals for the Ninth CircuitDecember 11, 2001No. 00-35448; D.C. No. CS-00-00065-RHWCalifornia230 words

Opinion

Lead Opinion

MEMORANDUM **

This case and a subsequent related appeal, No. 00-56742, arise from the efforts of Appellant Broadway Buildings II (“Broadway”) to use a bankruptcy court’s order approving its Chapter 11 Reorganization Plan (“Plan Approval”) to enforce against Appellees Ralph Mincks et al. (the “Sellers”) contracts that Broadway assumed pursuant to the plan. In this appeal, Broadway challenges the Eastern *859 District of Washington’s refusal to register and enforce a judgment pursuant to 28 U.S.C. § 1963 . We affirm.

Pursuant to our independent obligation to examine jurisdiction, we have reviewed the record and are satisfied that we have jurisdiction under 28 U.S.C. § 1291 . The challenged order is a full adjudication of the issues at bar. See Slimick v. Silva (In re Slimick), 928 F.2d 304, 307 (9th Cir. 1990).

The Plan Approval cannot constitute a binding judgment against the Sellers, because they were not parties to the action. Cf. United States v. Yochum (In re Yoc-hum), 89 F.3d 661, 672 (9th Cir.1996) (noting that due process requires notice and opportunity to be heard). All of Broadway’s other arguments are similarly unavailing.

We address sanctions in a separate order. All…

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