Free Order on Motion to Intervene - District Court of Delaware - Delaware


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Date: February 9, 2006
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State: Delaware
Category: District Court of Delaware
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
IN RE: ) Chapter 11
INTEGRATED HEALTH SERVICES, )
INC., et al., ) Bankr. Case. No. 00-389 (MFW)
)
Debtors ) (J ointly Administered)
) ·
)
INDEMNITY INSURANCE COMPANY )
OF NORTH AMERICA, )
)
Plaintiff, ) Civil Action No. 04-1262 GMS
)
v. ) Adversary Proceeding No. 03-55550
)
INTEGRATED HEALTH SERVICES, )
INC. and ABE BRIARWOOD CORP., )
)
Defendants. )

ORDER
WHEREAS, on September 14, 2004, Indemnity Insurance Company of North America
("IlCNA") filed a motion to withdraw the reference from the Bankruptcy Court in this adversary
proceeding;
WHEREAS, on December 2, 2004, the court granted IICNA’s motion to withdraw the
reference;
WHEREAS, on April 18, 2005, 11CNA filed a Motion to Amend the Complaint (D.1. 15);
WHEREAS, on May 13, 2005, HIS Liquidating LLC (the "Liquidating LLC") filed a motion
to intervene in this proceeding to respond to 1ICNA’s motion to amend (D.I. 17), and a response
addressing the merits ofthe motion (D.1. 17);

Case 1:04-cv-01262-Gl\/IS Document 22 Filed O2/O9/2006 Page 2 of 2
WHEREAS, on May 27, 2005, IICNA filed a response (D.I. 18) asserting that it does not
, oppose to the Liquidating LLC ’s intervention as a party;
WHEREAS, on June 7, 2005, the Liquidating LLC filed a motion for leave to file a reply to
IICNA’s response (D.I. 20); and
WHEREAS, the motion asserts that IICNA does not oppose the relief sought in the motion;
IT IS HEREBY ORDERED that:
1. The Liquidating LLC’s Motion to Intewene (D.I. 17) is GRANTED.
2. The Liquidating LLC’s Motion for Leave to File a Reply (D.I. 20) is GRANTED.
3. The Liquidating LLC’s response to IICNA’s motion to amend is deemed filed, as the
response is attached to its motion to intervene.
4. The Liquidating LLC’s reply is deemed filed, as the reply is attached to its motion
for leave to file a reply.
Dated: Februa1y§_, 2006 _
· WET s ATEs DIS RICT JU E
2