Free Order on Motion to Strike - District Court of Delaware - Delaware

Case 1 :04-cv-00917-GIVIS Document 21 Filed 10/06/2005 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
In re )
)
INTEGRATED HEALTH )
SERVICES, INC., et al., )
)
Debtors. )

)
H-IS LIQUIDATING LLC, ) C.A. No. 04-917 (GMS)
)
Plaintiff, )
)
v. )
)
DON G. ANGELL, et al., )
)
Defendants. )
ORDER
WHEREAS on August 2, 2004, the plaintiff appealed to this court the findings and
conclusions of the United States Bankruptcy Court for the District of Delaware (D.I. 1);
WHEREAS the plaintiff' s reply brief (D.I. 15) relies on, and includes as an attachment, a
deposition taken on March 21, 2005;
WHEREAS given the date of the deposition, it could not have been considered by the
Bankruptcy Court;
WHEREAS it is axiomatic that the court should generally avoid considering material on
appeal that was not considered by the court below; and
WHEREAS the plaintiff" s inclusion of this material in its reply brief is also a violation of
Local Rule 7.1.3(c)(2).
IT IS HEREBY ORDERED THAT:
1. The defendants’ Motion to Strike (D.I. 16) be GRANTED;
2. The plaintiff" s reply brief (D.I. 15) and all attachments thereto be STRICKEN; and
3. The plaintiff submit a revised reply brief in accordance with this order at a date agreed upon

Case 1:04-cv—00917-G|\/IS Document 21 Filed 10/06/2005 Page 2 of 2
and stipulated to by the parties.
Dated: October 5 , 2005 ·
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