Free Letter - District Court of Delaware - Delaware

Case 1 :04-cv—00910-GIVIS Document 167 Filed 05/10/2006 Page 1 of 2
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Honorable Gregory M. Sleet
United States District Court
J. Caleb Boggs Federal Building
844 N. King Street- Room 4324
Wilmington, Delaware l9S0l.
Re: Integrated Health Services v. THCI Company, LLC
Civil Action N0. 04-·9l0 (GMS)
Dear Judge Sleet:
On behalf of TI~lCl Company LLC ("'l“l·iCI"), enclosed please find a
courtesy copy of THCl’s response to Plaintiffs’ Renewed Motion for Partial
Summary Judgment (Docket No. l57). At Your i~lonor’s request, the parties
withdrew their respective motions for partial summary judmnent as reflected in
their stipulation dated March 30, 2006. Shortly thereafter, however, Plaintiffs
renewed their motion (without leave), which does nothing except further burden
the Court’s docket. Although THCI has no choice but to file its enclosed
response, we respectfully urge that Plaintiffs’ renewed motion not impact or delay
the Court’s consideration of the more pressing and straightforward motions,
including Tl~ICl’s rnotion for an order directing Plaintiffs to relinquish control of
nine nursing home facilities owned by THCI due to Plaintiffs’ failure to pay any
rent for the past year. (See Docket Nos. l49, l50, and 15l).
The relief sought hy THCI has become even more urgent in light of recent
events. Plaintiffs recently sent checks to THCI in the amount of approximately
$420,000 (Plaintiffs owe THCl more than $9 million), but Plaintiffs subsequently
stopped payment on those checks. Moreover, Plaintiffs refuse to vacate the nine
nursing home facilities despite their failure to pay rent or real estate taxes or to
comply with any other obligations incident to their tenancy. THCI’s pending

Case 1 :04-cv-00910-GIVIS Document 167 Filed 05/10/2006 Page 2 of 2
Honorable Gregory M. Sleet
May l0, 2006
Page 2
motion seeks to remedy this situation. Although Plaintit`fs’ renewed motion can
be decided in due course, it is unrelated to and should not delay resolution of
more pressing issues.
Thank you for the Court’s courtesies and consideration.
Respectfully,
/.9/ Collins J. Seitz, Jr.
Collins J. Seitz, lr.
(Bar No. 2237)
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Enclosure
cc: Michael R. Lastowski, Esquire (W/enc.) (hy electronic mail)
Amos Alter, Esquire (W/enc.) (by electronic mail)
David S. Sager, Esquire (W/enc.) (by electronic mail)
(463915)