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

Case 1 :04-cv—OO910-GIVIS Document 149 Filed O4/O3/2006 Page 1 of 2
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
I
INTEGRATED HEALTH SERVICES OF )
CLIFF MANOR, INC., INTEGRATED )
HEALTH SERVICES AT RIVERBEND, )
INTEGRATED HEALTH SERVICES AT )
SOMERSET VALLEY, INC., ALPINE )
MANOR, INC., ERIARCLIPF NURSING )
HOME, EIC., INTEGRATED HEALTH )
GROUP, ETC., SPRING CREEK OF IHS, INC., )
FIRELANDS OE HIS, EIC., ELM CREEK OF ) Civil Action No. O4~91{} (GMS)
IHS, INC., and HIS LONG TERM CARE )
SERVICES, INC., )
)
Plaintiffs, )
)
v. )
THCI COMPANY LLC, g
Defendant, )
)
v. )
ABE BRIARWOOD CORPORATION and )
JOHN DOES I-IO, g
Additional Counterclaim )
Defendants. g
MOTION BY DEFENDANT THCI COMPANY LLC FOR PARTIAL SUMMARY
JUDGMENT PURSUANT TO FED. R. CIV. P. 56 AND PERMANENT INJUNCTION
Defendant THCI Company LLC ("THCI"), by and through its undersigned
counsel, moves pursuant to Fed. R. Civ. P. 56 (the "Motion"), for an Order granting partial
summary judgment and evicting Integrated Health Services of Cliff Manor, Inc., Integrated
Health Services at Riverbend, Inc., Integrated Heaitb Services at Somerset Vailey, Inc., Alpine
Manor, Inc., Briarcliff Nursing Home, Inc., Integrated Health Group, Inc., Spring Creek of IHS,
Inc., Firelands of IHS, Inc., and Elm Creek of IHS, Inc. (collectively, the “Nir1e Subsidiaries")

Case 1 :04-cv-00910-GIVIS Document 149 Filed O4/O3/2006 Page 2 of 2
and requiring them to vacate and surrender to '1`HCI the nine nursing home facilities currently
occupied by the Nine Subsidiaries. In support of the Motion, THCI relies upon THCI’s
Memorandum of Law in Support of Partial Summary Judgment and the Declaration of Warren
Cole dated April 3, 2006.
Dated: April 3, 2006
CONNOLLY BOVE LODGE & HUTZ LLP
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Collins J. Seié l Jr. (Bar §ol’2237)
1007 North Orange Street
Wilmington, DE 1980}
Tel: (302) 658—9l41
Fax: (302) 658-5614
Attorneys for THCI Company LLC
Of Counsel:
Davie. S. Sager
Paul R. Marino
PITNEY HARDHW LLP
P.O. Box l945
Morristown, NJ 07962
Tel: (973) 966·6300
Fax: (973) 966-1015
Attorneys for TI-ICI Company LLC
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