Free Order on Motion to Amend/Correct - District Court of Delaware - Delaware

Case 1 :04-cv-01262-GIVIS Document 23 Filed 03/29/2006 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE

In re: )
)
Integrated Health Services, Inc., et al., ) Bankruptcy Case No. 00-389 (MFW)
) (Chapter 11)
Debtors. )

)
Indemnity Insurance Company of North )
America, )
)
Plaintiff )
)
v. ) C.A. No. 04-1262 (GMS)
)
Integrated Health Services, Inc., and ABE )
Briarwood Corp., )
)
Defendants. )

ORDER
WHEREAS on April 18, 2005, the Plaintiff filed a motion to amend its complaint (D.I. 15);
WHEREAS on May 6, 2005, Adversary Proceeding No. 05-51318 was filed in Bankruptcy
Case No. 00-389 by a non-party to the present action;
WHEREAS the subject matter of the proposed amendment is substantially identical to the
subject matter of Adversary Proceeding No. 05-51318;
WHEREAS, along with its motion to amend, the Plaintiff seeks to withdraw Adversary
Proceeding No. 05-51318 and consolidate the withdrawn proceeding with the present action; and
WHEREAS it is the standard practice of this court to withdraw the automatic reference to
the bankruptcy court upon a party’s request.
IT IS HEREBY ORDERED THAT:
1. The Plaintiffs motion to amend (D.I. 15) be GRANTED;
2. Adversary Proceeding No. 05-51318 be WITHDRAWN from the bankruptcy court; and

Case 1:04-cv—01262-GMS Document 23 Filed 03/29/2006 Page 2 of 2
3. The withdrawn adversary proceeding be CONSOLIDATED with this action.
Dated: March , 2006
D STATES DIS RTCT JUD
2