Free Declaration - District Court of Delaware - Delaware

Case 1 :04-cv-00910-GMS Document 220 Filed O4/26/2007 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
INTEGRATED HEALTH SERVICES )
OF CLIFF MANOR, INC, )
HQTEGRATED HEALTH SERVICES AT )
RIVERBEND, INC., INTEGRATED HEALTH )
SERVICES AT SOMERSET VALLEY, INC., )
ALPINE MANOR, INC., BRIARCIF F NURSING )
HOME, INC., INTEGRATED HEALTH GROUP, )
INC., SPRING CREEK OF IHS, INC., )
FIRELANDS OF IHS, INC., ELM CREEKOF ) Civil Action No. 04-910 (GMS)
IHS, INC., and IHS LONG TERM CARE )
SERVICES, INC., )
)
Plaintiffs, )
I
v. )
I
THCI COMPANY LLC, )
I
Defendant, )
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ABE BRIARWOOD CORPORATION and )
JOHN DOES 1-IO, )
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Additional )
Counterciaim )
Defendants. )
_.,,,._._...__.._...,.,,........_.............,.....,..,,.....I
DECLARATION ON BEE-IALF OF PLAINTIFFS
IN RESPONSE TO MOTION {Docket N0. 2I7[ T0 INTERVENE
AMGS ALTER., declares:
1. I am Of Counsel to Troutman Sanders LLP, coeoutnsel to plaintiffs and
additional counterclaim defendant Abe Briarwood Corporation (collectively, "plaintiffs"). I

Case 1 :O4—cv—OO91 0-G MS Document 220 Filed O4/26/2007 Page 2 of 2
make this Declaration on behalf ofpiantiffs in response to the motion (Docket Ne. 2i'?) of
PharMerica, Inc., to intervene.
2, As plaintiffs noted in their opposition to defendanfs motion seeking to
enforce the Settlement Agreement herein between plaintiffs and defendant, the matter cannot
be disposed of by motion. Defendanfs motion should therefore be denied or dismissed,
without prejudice to defendant cornmencing a plenary action, if so advised. If that is done, the
intervention motion here becomes academic.
3. Should, however, the Court be ofthe view that defendanfs motion
should be considered on the merits, then plaintiffs have no obj ection to the motion by
Pharivierica, Inc., to intervene here.
4. I declare, under penalty ofpeijury, that the foregoing is true and correct,
Executed on April 26, 2007. `, I
i\. hm
·-W-—-—_Al2'1*OS Alter __"