Free Motion to Intervene - District Court of Delaware - Delaware

Case 1 :04-cv-00910-GIVIS Document 217 Filed 04/20/2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
)
INTEGRATED HEALTH SERVICES OF )
CLIFF MANOR, INC., INTEGRATED )
HEALTH SERVICES AT RIVERBEND, )
INTEGRATED HEALTH SERVICES AT )
SOMERSET VALLEY, INC., ALPINE )
MANOR, INC., BRIARCLIFF NURSING )
HOME, INC., INTEGRATED HEALTH )
GROUP, INC., SPRING CREEK OF IHS, )
INC., FIRELANDS OF IHS, INC., ELM )
CREEK OF IHS, INC. and IHS LONG )
TERM CARE SERVICES, INC., )
)
Plaintiffs, )
)
v. ) Case No. 1:04-910-GMS
)
THCI COMPANY LLC, )
)
Defendant, )
)
and, )
)
ABE BRIARWOOD CORPORATION )
and JOHN DOES 1-10, )
)
Additional Counterclaim Defendants. )
)
MOTION BY PHARMERICA, INC. FOR INTERVENTION
Non-Party Intervenor PharMerica, Inc. ("PharMerica"), by and through its undersigned
attorneys, hereby moves pursuant to Rule 24 of the Federal Rules of Civil Procedure for an order
granting intervention to.
PharMerica has an interest relating to property at issue in this action — specifically,
accounts receivable (the "Collateral") of the facilities that the Plaintiffs have transferred to the
Defendant. PharMerica is so situated that disposition of this action will irreparably harm
YC/329290.2

Case 1 :04-cv-00910-GIVIS Document 217 Filed 04/20/2007 Page 2 of 3
PharMerica and affect PharMerica’s rights in and to the Collateral, property that is currently
before this Court. PharMerica will, as a practical matter, be impaired and impeded from
protecting its interest in the Collateral unless intervention of PharMerica is granted.
An irmninent threat to PharMerica’s rights to the Collateral is presented by the Motion by
THCI Company, LLC ("THCI") To Enforce the Stipulation and Order of Settlement and
Dismissal (the "Enforcement Motion") [Docket No. 206]. The Stipulation and Order of
Settlement and Dismissal — obtained without any notice to PharMerica — expressly refers to the
property (the Collateral) that is subject to PharMerica’s security interest. Accordingly,
PharMerica’s Intervention Motion was also submitted as a Response in Opposition to the
Enforcement Motion.
In support of its Intervention Motion, PharMe1ica respectfully submits the following:
1. Opening Brief of PharMerica, Inc. in Support of its Motion for Intervention and
Answering Brief in Opposition to Motion by THCI Company, LLC To Enforce the Stipulation
and Order of Settlement and Dismissal.
2. Declaration of Peter L. Frattarelli.
3. Intervention Complaint by Pharmerica, Inc.
4. Statement Pursuant to Local Civil Rule 7.1.1.
5. Application by PharMe1ica, Inc. for Oral Argument of its Motion for Intervention.
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Case 1 :04-cv-00910-GIVIS Document 217 Filed 04/20/2007 Page 3 of 3
Dated: April 20, 2007 ARCHER & GREINER, P.C.
Wilmington, Delaware
By: s/ Peter L. Frattarelli
Peter L. Frattarelli Glo. 2871)
300 Delaware Avenue
Suite 1370
Wilmington, Delaware 19801
Tel: (302) 777-4350
Fax (302) 777-4352
Attorneys for Non-Party Intervenor PharMerica, Inc.
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