Free Motion to Strike - District Court of Delaware - Delaware

Case 1 :04-cv-00917-GIVIS Document 16 Filed 05/06/2005 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
In re :
: Chapter 11
INTEGRATED HEALTH SERVICES, INC., et al. :
: Case No. OO-389(MFW)
Debtors. : (J ointly Administered)
HIS LIQUHDATING LLC,
Piamurr, S
: Appeal No. 04-CV-9l7(GMS)
v. :
DON G. AN GELL, et al.,
Defendants.
MOTION OF APPELLEES DON G. ANGELL, DON G. ANGELL IRREVOCABLE
TRUST, AN GELL CARE INCORPORATED AND BERMUDA VILLAGE
RETIREMENT CENTER LIMITED PARTNERSHIP TO STRIKE PORTION S OF
APPELLANT’S REPLY BRIEF AND EXHIBIT A THERETO
Pursuant to Rule 8011 of the Federal Rules of Bankruptcy Procedure, appellees
Don G. Angell ("Angell"), Don G. Angell Irrevocable Trust ("Trust"), Angell Care Incorporated
("Angell Care," and together with Angell and the Trust, the "Angell Plaintiffs") and Bermuda
Village Retirement Center Limited Partnership ("Bem1uda Village") (collectively, the "Angell
Par1ies" or "Appellees") respectfully move to strike portions of the Reply Brief of Appellant H·IS
Liquidating LLC and Exhibit "A" thereto, on the grounds that (1) the exhibit is not part of the
record on appeal and was not considered by the bankruptcy court; and (2) the reply brief
improperly cites to and argues from the exhibit.
In the alternative, Appellees respectfully request leave to file a sur-reply so that
they might have the opportunity to respond to the new matter improperly injected into this appeal
by Appellant.
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Case 1 :04-cv-00917-GIVIS Document 16 Filed 05/06/2005 Page 2 of 2
This grounds for this motion are set forth in the Appellees’ Opening Brief in
Support of Motion to Strike Appe11ant’s Reply Brief and Exhibit "A" to Reply Brief, filed
simultaneously herewith.
Dated: May 6, 2005
PEPPER HAMILTON LLP
David B. Stratton (Del. Bar ID 960)
Pepper Hamilton LLP
Hercules Plaza, Suite 5100
1 3 1 3 Market Street
P.O. Box 1709
Wilmington, DE 19899-1709
(302) 777-6500
and
Bonnie MacDougal Kistler
Pepper Hamilton LLP
3000 Two Logan Square
Eighteenth and Arch Streets
Philadelphia, PA 19103-2799
(215) 981-4000
Attorneys for Appellees
-2-
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