Free Stipulation of Dismissal - District Court of Delaware - Delaware

Case 1 :05-cv—00582-KAJ Document 19 Filed 08/24/2006 Page 1 of 2
1N THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
In Re: ) Chapter ll
)
Olympus Healthcare Group, Inc., et al., ) Case Nos. O1-1849-1851 (WSS)
) (J ointly Administered)
Debtors. )
)
KATHARINE B. SACKS, AS RECEIVER )
OF FIVE FACILITIES FORMERLY )
OWNED AND OPERATED BY ) C.A. Nos. 05-582 (KAJ)
PEGASUS MANAGEMENT, INC., )
)
Appellant, )
v. )
)
CRAIG JALBERT, LIQUIDATING )
SUPERVISOR FOR OLYMPUS )
HEALTHCARE GROUP, INC. ET. AL., )
US NURSING CORPORATION, )
)
Appellees. ) .
)
STIPULATION AND ORDER OF VOLUNTARY DISMISSAL
PURSUANT TO FED.R.BANKR.P. 8001gb)
Katherine B. Sacks, in her capacity as the Receiver of Five Facilities Formerly Owned and
Operated by Pegasus Management, Inc. (the “Appellant”) and Craig Jalbert, Liquidating Supervisor
for Olympus Healthcare Group, Inc. etal., (the “Appellee") hereby stipulate and agree as follows:
I. The Appellant and Appellee have amicably resolved their disputes.
i WILLIB—49966.1—KFGWYNNE 8/24/06 4:29 PM
E

Case 1 :05-cv—00582-KAJ Document 19 Filed 08/24/2006 Page 2 of 2
2. Federal Rule of Bankruptcy Procedure 8001(b) provides, in relevant part, that "[i]f
an appeal has been docketed and the parties to the appeal sign and tile with the clerk of the district
court or the clerk of the bankruptcy appellate panel an agreement that the appeal be dismissed and
pay any court costs or fees that may be due, the clerk of the district court . . . shall enter an order
dismissing the appea1." Fed.R.Bankr.P. 800l(b).
3. The Appellant and Appellee agree to dismissal of the above-captioned appeal with
prejudice.
DUANE MORRIS LLP REED SMITH LLP
By: /s/ Christopher M. Winter By: /s/ J. Cog; Falgowski
Christopher M. Winter, Esq. - J. Cory Falgowski (N o. 4546)
1100 N. Market Street, Suite 1200 1201 Market Street, Suite 1500
Wilmington, DE 19801 Wilmington, DE 1901
Telephone: (302) 657-4900 Telephone: (302) 778-7500
Facsimile: (302) 657-4901 Facsimile: (302) 778-7575
Cotmsel for Appellee, Craig J albert, Counsel for Appellant, Katharine B.
Liquidating Supervisor for Olympus Sacks, as the State of Connecticut’.s
Healthcare Group, Inc. et al. Nursing Home Receiver for Five Facilities
Formerly Owned and Operated By
Pegasus Management Company, Inc.
NOW THEREFORE, it is hereby
ORDERED THAT, the above-captioned appeal is dismissed with prejudice.
Dated: August ___, 2006
By the Clerk of the Court:
PETER T. DALLEO
CLERK, U.S. DISTRICT COURT
2