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

Case 1 :05-cv—00582-KAJ Document 2 Filed 08/10/2005 Page 1 of 4
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE
In re :
: Jointly Administered
OLYMPUS HEALTHCARE GROUP, INC, et al., : Case Nos. 01-1849
: through 01-1858 (WS)
Debtors. :
CRAIG J ALBERT, Liquidating Supervisor for
OLYMPUS HEALTHCARE GROUP, INC. etal., :
Plaintiff,
v. : Adv. Pro. No. 03-53411(PBL)
CAHCF ASSISTANCE CORPORATION, Re: Adv. D.I. 53
Defendant.
KATHARINE B. SACKS’, AS RECEIVER FOR FIVE FACILITIES FORMERLY OWNED
AND OPERATED BY PEGASUS MANAGEMENT COMPANY, INC., DESIGNATION OF
RECORD AND STATEMENT OF ISSUES ON APPEAL
Appellant Katharine B. Sacks, as Receiver for Five Facilities Formerly Owned and
Operated by Pegasus Management Company, Inc. ("Ms. Sacks”), in accordance with
Fed.R.Bankr.P. 8006, makes the following designation of items to be included in the record on
appeal and a statement of the issues to be presented on appeal. In accordance with
Fed.R.Bank.P. 8006 and Local Rule 8006-1, Ms. Sacks will provide to the Clerk of this Court a
copy of the items designated below for inclusion in the record on appeal.
Ms. Sacks’ designation of items to be included in the record on appeal is as follows:
1. Complaint (Adv. D.I. No. 1);
2. Defendant’s Answer and Counterclaim for Interpleader (Adv. D.I. No. 10);
3. Plaintiffs Answer to Defendant’s- Counterclaim for lnterpleader (Adv. D.I.
No. 22);
4. Order: (I) Directing Defendant to Deposit Funds with the Clerk of the
Court, (II) Directing the Clerk of the Court to Establish an Escrow

Case 1 :05-cv—OO582-KAJ Document 2 (Filed 08/10/2005 Page 2 of 4
Account, and (III) Providing for Dismissal of Defendant Upon Deposit of
Funds (Adv. D.I. No. 24);
5. Order Directing Service of Complaint and Joining New Defendants (Adv.
D.I. No. 25);
6. Certificate of Service (Adv. D.I. No. 28);
7. U.S. Nursing Corporation’s Answer to Defendant's Counterclaim for
Interpleader and Cross—Claim to Interpleader Funds (Adv. D.I. No. 29);
8. Request by Plaintiff for Entry of Default against Pegasus Management, Inc.
(Adv. D.I. No. 30);
9. [Clerk’s] Entry of Default (Adv. D.I. No. 32);
10. Request by Plaintiff for Default Judgment Against Pegasus Management,
Inc. (Adv. D.I. No. 33);
11. Order Approving Judgment by Default (Adv. D.I. No. 34);
12. Certificate of Service (Adv. D.I. No. 35);
13. Motion of Liquidating Supervisor for Entry of an Order Authorizing and
Approving Settlement Agreement (Adv. D.I. No. 36);
14. Motion of Katharine B. Sacks, as Receiver of Five Facilities Formerly
Owned and Operated by Pegasus Management Company, Inc., for an Order
Setting Aside Default and Default Judgment Pursuant to Fed.R.Civ.P. 55(c)
and 60(b)(4) and (6), as Incorporated by Fed.R.Bankr.P. 7055 and 9024
(Adv. D.I. No. 38);
15. Memorandum of Law in Support of Motion of Katharine B. Sacks, as
Receiver of Five Facilities Formerly Owned and Operated by Pegasus
Management Company, Inc., for an Order Setting Aside Default and
Default Judgment Pursuant to Fed.R.Civ.P. 5 5(c) and 60(b)(4) and (6), as
Incorporated by Fed.R.Bankr.P. 7055 and 9024 (Adv. D.I. No. 38);
16. Objection of the Liquidating Supervisor and U.S. Nursing Corporation to
Motion of Katharine B. Sacks, as Receiver of Five Facilities Formerly
Owned and Operated by Pegasus Management Company, Inc., for an Order
Setting Aside Default and Default Judgment Pursuant to Fed.R.Civ.P. 55(c)
and 60(b)(4) and (6), as Incorporated by Fed.R.Bankr.P. 7055 and 9024
(Adv. D.I. No. 41);
17. Reply Brief in Support of Motion of Katharine B. Sacks, as Receiver of
Five Facilities Formerly Owned and Operated by Pegasus Management
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Case 1 :05-cv—00582-KAJ Document 2 iFi|ed 08/10/2005 Page 3 of 4
Company, Inc., for an Order Setting Aside Default and Default Judgment
Pursuant to Fed.R.Civ.P. 55(c) and 60(b)(4) and (6), as Incorporated by
Fed.R.Bankr.P. 7055 and 9024 (Adv. D.I. No. 43);
18. Request for Oral Argument (Adv. D.I. No. 44);
19. Objection of Katharine B. Sacks, as Receiver of Five Facilities Formerly
Owned and Operated by Pegasus Management Company, Inc., to Motion
of the Liquidating Supervisor for Entry of an Order Authorizing and
Approving Settlement Agreement (Adv. D.I. N0. 47)
20. Reply of the Liquidating Supervisor to Katharine B. Sacks’s Objection to
Motion for Entry of an Order Authorizing and Approving Settlement
Agreement (Adv. D.I. No. 48)
21. Memorandum and Order Denying Motion of Defendant for an Order
Setting Aside the Default and Default Judgment (Adv. D.I. No. 51); and
22. Order Authorizing and Approving Settlement Agreement (Adv. D.I.
No. 53)
Ms. Sacks’ statement ofthe issues to be presented on appeal is as follows:
1. Whether the Bankruptcy Court erred by authorizing and approving the
settlement between the Plaintiff and U.S. Nursing Corporation?
2. Whether the Bankruptcy Court erred by authorizing and approving the
settlement between the Plaintiff and U.S. Nursing Corporation because the
settlement did not provide the State of Connecticut, via Ms. Sacks as its
nursing home receiver, with an opportunity to assert the claim of the State
of Connecticut to the funds at issue?
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Case 1 :05-cv—OO582-KAJ Document 2 Filed 08/10/2005 Page 4 of 4
Dated: July 15, 2005 REED SMITH LLP
Wilmington, Delaware
By: /s/ Mark W. Eckard
Mark W. Eckard (No. 4542)
1201 Market Street, Suite 1500
Wilmington, Delaware 19801
Telephone: (302) 778-7518
Facsimile: (302) 778-7575
E-mail: [email protected]
Counsel for Katharine B. Sacks, as Receiver
for Five Facilities Formerly Owned and
Operated by Pegasus Management Company,
Inc.
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