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

Case 1 :04-cv-00910-GIVIS Document 149-2 Filed O4/O3/2006 Page 1 of 3
INITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
)
INTEGRATED HEALTH SERVICES OF )
CLIEI-I MANOR, INC., BVTEGRATED )
HEALTH SERVICES AT RIVERBEND, )
INTEGRATED HEALTH SERVICES AT )
SOMERSET VALLEY, INC., ALPINE )
MANOR, DIC., BRIARCLIFF NURSING )
HOME, INC., HQTEGRATED HEALTH )
GROUP, ESC., SPRING CREEK OF IHS, iNC., )
F&ELANI}S OF HIS, INC., ELM CREEK OE ) Civil Action No. 04—9l0 (GMS)
IHS, HRC., and IHS LONG TERM CARE )
SERVICES, INC., )
Plaintiffs, g
v. )
)
THCI COMPANY LLC, )
Defendant, g
v. )
ABE BRIARWOOD CORPORATION and g
QFOHN DOES l—lO, )
Additional Counterclaiin I
Defendants. I
)
JUDGMENT
THIS MATTER having been opened to the Court upon motion by defendant THCI
Company LLC ("THCl”), by its attorneys, Connolly Bove Lodge & Hutz LLP (Collins J. Seitz, Jr.,
Esq. appearing) for an Order granting partial sunnnary 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., Briarcliff Nursing Home, Inc., Integrated
Health Group, Inc., Spring Creek of IHS, Inc., Eirelands of IHS, Inc., and Elm Creek of IHS, Inc.
(collectively, the "Nine Snbsidiaries`) and requiring them to vacate and surrender to THCI the nine
nursing home facilities currently occupied by the Nine Subsidiaries; and plaintiffs, by their attorneys

Case 1 :04-cv-00910-GIVIS Document 149-2 Filed O4/O3/2006 Page 2 of 3
nursing honre facilities currently occupied by the Nine Subsidiaries; and plaintiffs, by their attorneys
Duane Morris LLP (Michael Lastowslri, Esq., appearing), having opposed the motion; and the Court
having considered the papers submitted and the argument of counsel; and there being no just reason
for delay; and for good cause shown;
IT IS on this day of , 2006,
ORDERED that iinal judgment pursuant to Fed. R. Civ. P. 5— of THC] and against the Nine Subsidiaries as follows:
(a) Tl~lCi’s motion for partial surnrnary judgment and permanent
injunction is hereby granted in its entirety; and
(b) the Nine Subsidiaries are evicted from and shall vacate and
surrender to THCI within thirty (30) days of the date of entry of this Order, in a manner and
providing sucir cooperation as is appropriate to the continuation of patient care, the nursing home
facilities located at the following addresses:
(i) Alpine Manor, Inc.: 4144 Sclraper Avenue, Erie,
Pennsylvania;
(ii) integrated Health Group, Inc.: 890 Weatherwood Lane,
Greensburg, Fennsylvaniag
(iii) Elm Creek of IHS, lnc.: 115 Elmwood Circle, West
Carrolton, Ohio;
(iv) Integrated Health Services of Riverbend, Inc.: 1194 Belsay
Road, Grand Blanc, Michigan;
(v) Firelands of IHS, Inc.: 204 West Main Street
Route l62, New London, Ohio;
(vi) Briarcliff Nursing Homes, Inc.: 850 NW. 9th Street,
Alabaster, Alabama;
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Case 1 :04-cv-00910-GIVIS Document 149-2 Filed O4/O3/2006 Page 3 of 3
(vii) Integrated Health Services of Somerset Valley, Inc.: 1621
Route 22 West, Bound Brook, New Jersey;
(viii) Spring Creek of 1"HS, Inc.: 5540 Charlesgate Road, Huber
Heights, Ohio;
(ix) Integrated Health Services of Cliff Manor, Inc.:
4700 Cliffview Drive, Kansas City, Missouri.
Honorable Gregory M. Sleet, U.S.`D.}.
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