Free Letter - District Court of Delaware - Delaware

Case 1:04-cv—OO910-Gl\/IS Document 188-2 Filed 08/O1/2006 Page 1 of 3
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF BELAWARE
I
INTEGRATED HEALTH SERVICES OP )
CLIFF MANOR, INC., INTEGRATED )
HEALTH SERVICES AT RIVERBENI), )
INTEGRATED HEALTH SERVICES AT )
SOMERSET VALLEY, INC., ALPINE )
MANOR, INC., BRIARCLIFF NURSING )
HOME, INC., INTEGRATED HEALTH )
GROUP, INC., SPRING CREEK OP IHS, INC., )
FIRELANDS OF IHS, ELM CREEK OF ) Civil. Action No. O4—9I() (GMS)
IHS, INC., and IHS LONG TERM CARE )
SERVICES, INC., )
Plaintiffs, g
v. )
)
THCI COMPANY LLC, )
Betendant, g
v. )
ABE BRIARWOOD CORPORATION and g
JOHN DOES L10, )
Additional Counterclaim I
Defendants. %
ORDER REQUIRING PLAINTIFFS TO VACATE NINE NURSING
HOME FACILITIES BY AUGUST 31, 2006
THIS MATTER having been opened to the Court upon motion by defendant THC]
Company LLC ("TI~ICI"), by its attorneys, Connolly Bove Lodge & Hutz LLP (Collins I. Seitz, Ir.,
Esquire appearing), for an Order granting partial summary judgment and evicting Integrated Health
Services of Cliff Manor, Inc., Integrated Health Services at Riverbend, Inc., Integrated Health
Services at Somerset Valley, Inc., Alpine Manor, Inc., Briarclitl? Nursing Horne, Inc., Integrated
Health Group, Inc., Spring Creek of IHS, Inc., Firelands of IHS, Inc., and Elan Creek of IHS, Inc.
(collectively, the "Nine Subsidi.-aries") and requiring them to vacate and surrender to THCI the nine

Case 1 :04-cv-00910-GIVIS Document 188-2 Filed 08/O1/2006 Page 2 of 3
nursing home facilities currently occupied bythe Nine Subsidiaries; and plaintiffs, by their attorneys
Duane Morris LLP (Michael Lastowski, Esquire appearing), having consented to vacate each ofthe
nine facilities on August 3 l, 2006 by letter to the Court dated July 28, 2006; and there being no just
reason for delay; and for good cause shown;
IT IS this day of , 2006,
ORDERED that, in accordance with Federal Rule of Civil Procedure 54(b), "l`l~ICI’s
motion for partial summary judgnent and permanent injunction (Docket No. 149) is hereby
granted in favor of THCI and against the Nine Subsidiaries; and it is further
ORDERED that on August 31; 2006, the Nine Subsidiaries shall vacate and
surrender to THCI the following nursing borne facilities and shall provide such cooperation as is
appropriate to the continuation of patient care:
(l) Alpine Manor, inc.
4144 Schaper Avenue
Erie, Pennsylvania;
(2) integrated Health Group, inc.
S90 Weatherwood Lane
Greensburg, `Pennsylvania;
(3) Elm Creek of IHS, Inc.
U5 Elmwood Circle
West Carrolton, Ohio,
(Q) integrated Health Services of Riverbend, Inc.
l EQ4 Belsay Road
Grand Blanc, Michigan;
(5) Firelands of IHS, Inc.
204 West Main Street
Route 162, New London, Ohio;
(6) Biiarcliff Nursing Homes, Inc.
850 `NQW. QW Street
Alabaster, Alabama;
- 3, -

Case 1 :04-cv-00910-GIVIS Document 188-2 Filed 08/O1/2006 Page 3 of 3
(7) Integrated Health Services of Somerset Valley, Inc.
1621 Route 22 West
Bound Brook, New Jersey;
(8) Spring Creek of [HS, Inc.
5540 Charlesgate Road
Huber Heights, Ohio;
(9) Integrated Health Services o1°Clift`1\/lanor, Inc.
4700 Ciiffview Dove
Kansas City, Missouri.
Honorable Gregozy M. Sleet, U.S.D.}.
- 3 -