Free Motion for Partial Summary Judgment - District Court of Delaware - Delaware

Case 1 :04-cv-00910-GIVIS Document 157 Filed 04/12/2006 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
INTEGRATED HEALTH SERVICES OF ) V
CLIFF MANOR, INC., INTEGRATED )
HEALTH SERVICES AT RIVERBEND, ) Civil Action No. 04-910 (GLS)
INTEGRATED HEALTH SERVICES AT )
SOMERSET VALLEY, INC., ALPINE )
MANOR, INC., BRIARCLIFF NURSING )
HOME, INC., SPRING CREEK OF IHS, INC., )
FIRELANDS OF II-IS, INC., ELM CREEK OF )
IHS, INC., and IHS LONG TERM CARE )
SERVICES, INC., )
V
Plaintiffs, )
)
v. ) g
)
THCI COMPANY LLC, )
) .
Defendant, )
I i
v. )
)
ABE BRIARWOOD CORPORATION and )
JOHN DOES 1-10, )
)
Additional Counterclaim )
Defendants, )

PLAINTIFFS’ RENEWED MOTION FOR I
PARTIAL SUMMARY JUDGMENT PURSUANT TO FED. R. CIV. P. 56
Heretofore on May 31, 2005 at Docket No. 70, plaintiffs, and in particular plaintiff IHS
I Long Tenn Care Services, Inc., moved (the "Motion") pursuant to Fed.R.Civ.P. 56, for an order
granting partial summary judgment in favor of the plaintiffs and against the defendant. The
n Motion was based upon and supported by the Plaintiffs’ Memorandum of Law in Support of
Motion for Partial Summary Judgment (Docket No. 71), and the Declaration of Amos Alter in

Case 1 :04-cv-00910-GIVIS Document 157 Filed 04/12/2006 Page 2 of 3
Support of Partial Summary Judgment Motion and the exhibits attached thereto (Docket No. 72;
Exhibit "E" supplied under Docket No. 74).
Defendant opposed the Motion, and crossmoved for partial summary judgment (the
"Crossmotion") in its favor, by Brief with exhibits annexed (Docket No. 75). Plaintiffs
responded with a Reply Brief on the Motion (Docket No. 76) and a Reply Declaration in Support
of Partial Summary Judgment Motion (Docket No. 77), and defendant responded with a Reply
Brief on the Crossmotion (Docket No. 78).
The Motion and Crossmotion were both withdrawn without prejudice to re-filing, by so-
ordered stipulation of the parties (Docket No. 147).
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Case 1 :04-cv-00910-GIVIS Document 157 Filed 04/12/2006 Page 3 of 3
Plaintiffs, and in particular, plaintiff IHS Long Term Care Services, Inc., by and through
undersigned counsel, hereby renew the Motion (Docket No. 70), based on and supported by the
documents supporting the original Motion (Docket Nos. 71, 72, 74, 76 and 77), which are all
incorporated herein by reference as though fully set forth at length.
DATED: April 12, 2006
DUANE MORRIS LLP
ichael R. Lastowski I.D. 3892)
Richard W. Riley (DE I.D. 4052)
1100 North Market Street, Suite 1200
Wilmington, DE 19801-1246
Telephone: (302) 657-4900
Facsimile: (302) 657-4901
E—mai1: m1astowsl [email protected]
..aHd..
TRoUrMAN SANDERS LLP
Amos Alter, Esquire
The Chiysler Building
405 Lexington Avenue
New York, NY 10174
Telephone: (212) 704-6000
Facsimile: (212) 704-6288
E-mail: [email protected]
Attorneys for Plaintyjf Integrated Health
Services of CIW Manor, Inc. et al. and
Counterclaim Defendant Abe Briarwood Corp. and
non—pariies Leonard Granstein and Rabin Sc/zron
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