Free Designation of Record on Appeal - District Court of Delaware - Delaware

Case 1 :04-cv—00354-GIVIS Document 18 Filed 04/18/2006 Page 1 of 3 3
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE I
In re: ) Chapter 11
I
INTEGRATED HEALTH SERVICES, ) Case No. 00-389 (MFW) A
INC., et al., )
Debtors. ) (Jointly Administered)

)
C. TAYLOR PICKETT, )
)
Plaintiff, ) g
` )
- against~ ) Civil Action No. 04-354 (GMS)
)
INTEGRATED HEALTH SERVICES, INC., )
)
Defendant. )
APPELLANT'S DESIGNATION OF THE RECORD TO BE
CERTIFIED AND SENT TO THE THIRD CIRCUIT CLERK AND
STATEMENT OF THE ISSUES TO BE PRESENTED ON APPEAL
Appellant C Taylor Pickett ("Pickett"), by and through his counsel, pursuant to Federal
Rule of Appellate Procedure 6(b)(2)(B)(i), hereby designates the record to be certified and sent
to the Third Circuit Clerk, and provides his statement of the issues, in connection with his
appeal, under 28 U. S. C. § l58(d)(1), from the final order of the United States District Court for
the District of Delaware, entered in this case on March 20, 2006 (Docket Item 15) (the “Order")
affirming the Order of the United States Bankruptcy Court for the District of Delaware entered I
on April 19, 2004, as follows: R
I. DESIGNATION OF RECORD N
Date Docket No. Description of Record Item
06/04/2004 i 2 1 Designation, Statement of Issues and Designated Record by I
Q i C. Taylor Pickett of record on appeal
I 06/08/2004 l 4 il Appellant's Opening Brief
1 1
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Case 1 :04-cv—00354-GIVIS Document 18 Filed 04/18/2006 Page 2 of 3 j
l Qgg Docket N0. Description of Record Item
Q 06/08/2004 5 Appendix to Appellant's Opening Brief
I itself and IHS Long Term Care, Inc., successor in interest q
Q to Appellee Integrated Health Services, Inc. D
lcl ra aal1a a1l1 1 1 D 11 ara c1a1 a,1 trac 1c ,1 r l1 a1 cc, D c c cc1 c a a1 r sa c1a ctat ttaa ca a 1 D c 1aall c1cc r cc, c D c c a a1 a a r D D c 1 aaa a a D D D D DDDD DDDDDDD 1
i 07/20/2004 13 Request by C. Taylor Pickett for Oral Argument
I I affirming the Bankruptcy Court’s order of April 19, 2004.
i i` it R 9 i i D eternalrrgggrnigtligtieotra 15;);;i.a pri-giatiigiirgigigii
» f V Rule of Appellate procedure 6(b)(B)(iii) (to be prepared by
1 A the District Court Clerk}
A II. STATEMENT OF ISSUES ON APPEAL
1. Whether the District Court erred in affirming the Bankruptcy Court°s grant of V
summary judgment in favor of Defendant/Appellee by ruling that the memo from Bob Elkins to j
Taylor Pickett ("Pickett"), dated March 24, 1999 (the ‘°Elkins l\/Iemo"), did not constitute an
1
assignment of the Caves Valley Golf Club Membership (the “Membership") from Integrated
I-Iealth Services, Inc. ("IHS") to Pickett.
2. Whether the District Court erred in affirming the Bankruptcy Court’s grant of
summary judgment in favor of Defendant/Appellee by ruling that Pickett’s claims were barred
because he waived such claims pursuant to a letter agreement, dated December 31, 2001, by and
among Pickett and IHS. I
3. Whether the District Court erred in affirming the Bankruptcy Court’s denial of i
Pickett’s motion for summary judgment` by ruling that IHS was not barred by the doctrines of
· judicial and equitable estoppel from denying Pickett’s rights, title and/or interests in and to the
2
su 6219*-l6Vl/016952.0000l i A
1

Case 1 :04-cv—00354-GIVIS Document 18 Filed 04/18/2006 Page 3 of 3 (
Membership, including whether the Bankruptcy Court erred in ruling that the Membership was
properly listed as an asset in IHS’s bankruptcy schedules. p
4. Whether the District Court erred in affirming the Bankruptcy Court’s denial of ;
Pickett’s motion for summary judgment by ruling that Pickett’s rights, title and/or interests in
and to the Membership were not superior to the rights of lHS’s successor—in-interest because .
Pickett waived his claims in and to the Membership.
5. Whether the District Court erred in affirming the Bankruptcy Court’s ruling that .
the Membership was not an executory contract that was required to be listed on the Schedule of
Assumed Leases and Executory Contracts, Exhibit D to the Plan Supplement for Amended Joint I
1
Plan of Reorganization of IHS and its Subsidiaries under Chapter 11 ofthe Bankruptcy Code, j
and, therefore, was properly sold to lHS’s successor-in-interest pursuant to the aforementioned
Amended Joint Plan of Reorganization, and the Stock Purchase Agreement incorporated therein.
Dated: April 18, 2006 STEVENS & LEE, P.C.
/s/JOHN D. O
Jorm D. DEMMY (N .28 2)
1105 N. Market St., \7th F oor
Wilmington, DE 19801
Telephone: (302) 654-5180
Telecopier: (302) 654-5181 1
Email: [email protected] [
- and -
OWENS, CLARY & AIKEN, L.L.P.
Leighton Aiken
700 North Pearl Street, Suite 1600 1
Dallas, Texas 75201 I
(214) 698-2100 (telephone)
(214) 698-2121 (facsimile)
E—Mail: laiken@oca—law.com
Atiorneysfor C. T czylor Pickett i
3
sm 621946vl/016952.0000l l
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