Free MEMORANDUM in Support - District Court of Delaware - Delaware

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Cise 1:04-cv—OO910-Gl\/IS Document 145-2 Filed O3/30/2006 Page 1 of 2
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
INTEGRATED HEALTH SERVICES OF )
li CLIFP MANOR, INC., INTEGRATED )
HEALTH SERVICES AT RIVERBEND, ) Civil Action Na. 04~9I0
INTEGRATED HEALTH SERVICES AT )
SOMERSET VALLEY, INC., ALPINE )
y MANOR, INC., BRIARCLIFF NURSING ) I
HOME, INC., SPRING CREEK OF IHS, INC., )
E FIRELANDS OF IHS, INC., ELM CREEK DF )
IHS, INC., and IHS LONG TERM CARE )
SERVICES, INC., ) ,
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i Piaintiffs, ) i
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TIICI COMPANY LLC, ) _
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Defendant, ) I
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AEE BRIARWOOD CORPORATION and I
JOHN DOES 1-10, )
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i Additional Counterclaim )
l Defendants, )
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DECLARATION OF RICHARD W. RILEY
IN SUPPORT OF MOTION TO REMAND
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RICHARD W. RILEY declares;
1. I am an attorney associated with Duane Morris, LLP, attorneys for
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plaintiffs and for additional defendant Abe Briarwood Corporation. l make this Declaration in
support of its motion, pursuant to 28 U.S.C. §§ 1452(in), 1447(c) and 1367(c)(3), for an Order
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remanding this action to the State Court from which it was originally removed, namely the '
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Circuit Court ofthe County of Platte, State of Missouri, wherein it bore Case No. 04 CV ,
82966, Division I. {
2. The reasons why this motion should be granted are set forth in the i
accompanying Memorandum of Law. This Declaration is limited to annexing the documents i
referred to in that Memorandum, and for the purpose of Paragraph 4. r
3. Annexed hereto are the following: {
—— Exhibit Order of the Bankruptcy Court, dated 4/22/2003.
—— Exhibit ‘“B": Order of this Court, dated 3/21/2006.
—— Exhibit "C": Transcript of hearing in Bankruptcy Court, 12/10/2003.
-- Exhibit “‘D": Order of Bankruptcy Court, dated l/7/2004.
—— Exhibit "E": Complaint in this action, filed in Missouri State Court on 4/5/2004.
—— Exhibit "F": Decision of the United States Court of Appeals, 417 F.3d 953 (Sah Cir.
p 2005) '
4. Plaintiffs herein were the appeliants who appealed from the Order of the 2
Bankruptcy Court annexed hereto as Exhibit "A". That Order was affirmed by the Order {
annexed hereto as Exhibit "B". On behalf of plaintiffs herein, the parties aggrieved by the
aftirmance, I state that no appeal will be taken to the Court of Appeals for the Third Circuit g
from the Order annexed hereto as Exhibit "B". That Order is therefore final. l
5. l declare, under penalty of perjury, that the foregoing is true and correct.
Executed on March Q, 2006. ‘
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