Free Letter - District Court of Delaware - Delaware

Case 1:04-mc-00032-*** Document 6 Filed 12/21/2005 Page 1 of 4 »_
MARK MINUT1
, _ Phone: (302) 421-6840 _
Fax; (302) 421-5873
Attorneys at Law ' [email protected]
A Delaware LLP WWW.Saul.C0m
December 21, 2005 _
By Hand Delivery '
The Honorable Gregory M. Sleet `
United States District Judge
District of Delaware
J. Caleb Boggs Federal Building
844 N. King Street, Room 4324 _
Lockbox 19 {
Wilmington, DE 19801 - ‘
Re: FSQ, Inc., gal. v. Integrated Health Services, Inc., g Q. · I
Case No4-MC-32 {GMS) ` .
Dear Judge Sleet: A
This office represents the appellant in the above-referenced matter. Attached please
find the parties’ Stipulation and Order Granting Stay of Appeal (the "Stipulation and Order”). On
December 15, 2005, Your Honor granted FSQ, Inc., g Qs Federal Rule of Bankruptcy Procedure z
8003 Motion for Leave to Appeal. After conferring, the parties to the appeal have determined that it
would be advisable to await the Bankruptcy Court’s ruling on two (2) Motions for Summary
Judgment, which are substantially fully submitted. As reflected in the Stipulation and Order, the {I
Bankruptcy Court’s ruling on the Motions for Summary Judgment will likely dispose of the need for
the appeal or further define the issues to be considered on appeal. As a result, the parties have I
entered into the Stipulation and Order providing for a stay of the appeal pending the Bankruptcy
Court’s rulings on the Motions for Summary Judgment.
Thank you for your consideration in this matter. Of course, counsel for the parties
are available should you have any questions concerning the foregoing. ` T
Respectfully submitted, eb
W/% /¢/M/35*21 q
. Mark Minuti juan _( ERM U
MM/rew I
Enclosure
cc: Mathew Troy, Esq. (w/enc.) (
I (Counsel for the United States Department of Health and Human Services)
Gayle P. Ehrlich, Esq. (w/enc.)
P.O. Box 1266 • Wilrhington, DE 19899-1266 • Phone: (302) 421-6800 • Fax: (302) 421-6813 `
Courier Address: 222 Delaware Avenue, Suite 1200 • Wilmington, DE 19801-1611 .
BALTIMORE CHESTERBROOK HARRISBURG NEWARK PHILADELPHIA PRINCETON WASHINGTON WILMINGTON l
A DELAWARE LIMITED LIABILITY PARTNERSHIP .
530714.1 12/Z1/05 3 _

Case 1:04-mc—00032-*** Document 6 Filed 12/21/2005 Page 2 of 4
IN THE UNITED STATES DISTRICT COURT .
FOR THE DISTRICT OF DELAWARE
E 1`TT `””;> Q
IN RE INTEGRATED HEALTH ) Case Nos. 00-389 through 00-826 (MFW)
SERVICES, INC., et al. _ ) J ointly Administered
Debtors g · V
-—?—————·——{
FSQ, INC., et al. )
( Plaintiffs i ‘ P
v. _ g C.A. No. 04-mc-32 (GMS)
INTEGRATED HEALTH S_ERVICES i V
INC., et al. ) p
Defendants g _ 9
I
STIPULATION AND ORDER GRANTING STAY OF APPEAL ` I
FSQ, Inc., et al (collectively "FSQ Plaintiffs") and the United States Department of
Health and Human Services ("HI-I__S") stipulate as follows: _
WHEREAS, on or about August 9, 2002, the FSQ Plaintiffs, commenced an adversary p
proceeding entitled FSQ, Inc., et al., v. Integrated Health Services, Inc. et al, United States
Bankruptcy Court for the (District of Delaware, Adv. Pro. No. 02-5193 (the "Adversary A
Proceeding”), in which HHS was one of the named defendants; -
1 WHEREAS, on or about December 30, 2003, the Bankruptcy Court entered in the Q
· Adversary Proceeding an Order (the "Dismissal Order") granting the HHS Motion to Dismiss all S
Cotmts against HHS in the complaint by which the Adversary Complaint was commenced; A

Case 1:04-mc—00032—*** Document 6 Filed 12/21/2005 Page 3 of 4
WHEREAS, on or about January 9, 2004, the FSQ Plaintiffs filed Federal Rule of
Bankruptcy Procedure 8003 Motion for Leave to Appeal, which was granted on or about
December 15, 2005; `
WHEREAS, the FSQ Plaintiffs and each of the remaining defendants in the Adversary
Proceeding have filed motions for summary judgment, the briefings for each is substantially I
completed; —
WHEREAS, the Bankruptcy Court’s ruling on the Motions for Summary Judgment will
likely dispose of the need for the appeal or further define the issues to be considered on the
appeal; and p A
WHEREAS, under the circumstances it is in the interest of judicial economy to await the f
Bankruptcy Court’s decisions on the pending Motions for Summary Judgment.
NOW THEREFORE, the FSQ Plaintiffs and HHS stipulate that: L A
1. All deadlines applicable to the within Appeal shall be stayed and extended until
thirty (30) days following the entry by the Bankruptcy Court of the last order ruling on the g
pending Motions for Summary Judgment filed by the FSQ Plaintiffs and the various remaining
defendants. A V.
REMAINDER OF THE PAGE INTENTIONALLY LEFT BLANK J if

Case 1:04-mc—00032-*** Document 6 Filed 12/21/2005 Page 4 of 4 _ 0
Counsel for the United States, Counsel for Plaintiffs FS , Inc., et al,
Peter D. Keisler ~ if
Assistant Attorney General " Mar Mi uti o. 265
Jere y . Ryan (No. 4057) J
Richard G. Andrews SA L E ING LLP `
Acting United States Attorney 222 Delaware Avenue, Suite 1200
P.O. Box 1266
Ellen W. Slights Wilmington, DE 19899 -
Assistant U.S. Attomey Te1.No.: 302-421-6840 . .
Z · * Fax No.: 302-421-5873
J. hristophe Kohn fda.,} 27% · .
James G. B en, Jr. Gayle P. Ehrlich (BBO #546861)
Matthew J. Troy Jeffrey E. Francis (BBO #639944)
Attorneys, Civil Division SULLIVAN & WORCESTER LLP
. U.S. Department of Justice One Post Office Square -
P.O. Box 875 _ Boston, MA 02109
Ben Franklin Station Tel. No.: 617-338-2800
Washington, D.C. 2004 Fax No.: 617-338-2880 .
Tel. No.: 202-307-0488
Fax No.: 202-307-0494
So Ordered this day of December, 2005.
United States District Court Judge
530712.1 12/21/05 _ 3