Free Stipulation - District Court of Delaware - Delaware

Case 1 :04-mc—00032-*** Document 5 Filed 12/21/2005 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT .
FOR THE DISTRICT OF DELAWARE ‘
r
IN RE INTEGRATED HEALTH ) Case Nos. 00-389 through 00-826 (MFW)
SERVICES, INC., et al. _ ) Jointly Administered
Debtors 5 . E
——————;———;———§
FSQ, INC., et al. )
Plaintiffs g `
v. _ g C.A. No. 04-mc-32 (GMS) j
INTEGRATED HEALTH S_ERVICES g n
INC., etal. )
Defendants g _

STIPULATION AND ORDER GRANTING STAY OF APPEAL ‘
FSQ, Inc., et al (collectively "FSQ Plaintiffs") and the United States Department of
Health and Htunan Services ("HIj_Sj’) stipulate as follows: _ V
WHEREAS, on or about August 9, 2002, the FSQ Plaintiffs, commenced an adversary _
proceeding entitled FSQ, Inc., et al., v. Integrated Health Services, Inc. et al, United States W
Bankruptcy Court for the District of Delaware, Adv. Pro. No. 02-5193 (the "Adversary I
Proceeding"), in which HHS was one of the named defendants; ·
A WHEREAS, on or about December 30, 2003, the Bankruptcy Court entered in the _
‘ Adversary Proceeding an Order (the "Dismissal Order") granting the HHS Motion to Dismiss all if
Counts against HHS in the complaint by which the Adversary Complaint was commenced;

Case 1:04-mc—00032r*** Document 5 Filed 12/21/2005 Page 2 of 3 V
WHEREAS, on or about January 9, 2004, the FSQ Plaintiffs filed Federal Rule of L
Bankruptcy Procedure 8003 Motion for Leave to Appeal, which was granted on or about
December l5, 2005; `
WHEREAS, the FSQ Plaintiffs and each of the remaining defendants in the Adversary r
Proceeding have filed motions for summary judgment, the briefings for each is substantially
completed; ~
WHEREAS, the Bankruptcy Court’s ruling on the Motions for Summary Judgment will I
likely dispose of the need for the appeal or further define the issues to be considered on the A
appeal; and
WHEREAS, under the circumstances it is in the interest of judicial economy to await the .
Bankruptcy Court’s decisions on the pending Motions for Summary Judgment.
NOW THEREFORE, the FSQ Plaintiffs and HHS stipulate that: V
l. 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 J
pending Motions for Summary Judgment filed by the FSQ Plaintiffs and the various remaining
defendants. I tj
REMAINDER OF THE PAGE INTENTIONALLY LEFT BLANK _ if

Case 1:04-mc—00032-*** Document 5 Filed 12/21/2005 Page 3 of 3 _
Counsel for the United States, Cotmsel for Plaintiffs FS , Inc., et al,
Peter D. Keisler in
Assistant Attorney General " Mar Mi uti 0. 265
Jere y . Ryan (No. 4057) _
Richard G. Andrews SA L E ING LLP `
I Acting United States Attorney 222 Delaware Avenue, Suite 1200
P.O. Box 1266
Ellen W. Slights Wilmington, DE 19899
Assistant U.S. Attorney Tel. No.: 302-421-6840 .
Z I g Fax No.: 302-421-5873
4vI% é/'JF24 and I
J. hristophe Kohn fam; 27% · .
James G. B en, Jr. Gayle P. Ehrlich (BBO #546861)
Matthew J. Troy Jeffrey E. Francis (BBO #63 9944)
Attomeys, Civil Division SULLIVAN & WORCESTER LLP
. U.S. Department of Justice One Post Office Square — i
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 l2/21/05 V 3 Q `