Free Appendix - District Court of Delaware - Delaware

Case 1:04-cv—OO477—JJF Document 14-7 Filed 06/O1/2005 Page 1 of 2
= PLE `
i IN THE UNITED STATES DISTRICT COL&!'[5gl3€;g€f { V E D
` FOR THE DISTRICT OF DELAWARE zunz SEP gg PH' mz
IN RE: ; Qhaptgx D•• _
GENESIS HEALTH VENTURES, INC.,; Bankruptcy Case No. 00—2692~JHW
__ et al., : (Jointly Administered)
T Debtors. E
_m“m_____m“__lm____,,"__““__m_Em_w_mmmMl_l"_“___w_m_“w___lm_w_"
IN RE: Q Chapter 11
G MULTICARE AMC, INC., et al., ; Bankruptcy Case No. 00~2494—JHW
: {Jointly Administered)
Debtors. :
e JAMES J. HAYES, 5
Appellant, ; CONSOLIDATED
v. g Civil Action No. D2—16~JJF
{ GENESIS HEALTH VENTURES, INC.,;
et al., :
Appellees. E
MEMORANDUM ORDER
E Before the Court is the Appellees' Joint Motion To Diamise
The Appeal {0.1. 7) and Memorandum In Support of*Appel%%§Ls Jdint
Motion {D.I. 8). Appellant has not filed a response to the
Motion.
Appellees contend that the appeal should be dismissed under A
the doctrine of equitable mootness. Appellant, James J, Hayes, a
single shareholder appealed the September 20, 2001 Confirmation
A-1?5

Case1:O4-cv—OO477—JJF Document14—7 Filed 06/O1/2005 Page20f2
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Order of the Bankruptcy Court. Appellant did not obtain a stay
of the Order and the Plan became effective on October 2, 2001.
From the Appellees' papers, the Court understands that Appellant ~
objected to the confirmation of the Plan contending that there
was sufficient enterprise value to permit a distribution to pre- _
petition shareholders. The Bankruptcy Court rejected Appellant's ?
objection. "
3 In the circumstances presented, the Court concludes that the E
instant motion must be granted. The Confirmed Plan has been
implemented and distribution has occurred, thus prohibiting
U Appellant from obtaining the remedy he sought before the
Bankruptcy Court. Further, the lack of a response to Appellees’
Motion from Appellant indicates to the Court that Appellant
understands his inability to obtain relief.
NOW THEREFORE, IT IS HEREBY ORDERED that Appellees' Joint
Motion To Dismiss The Appeal (0.3. 7) is GRANTED.
N ___ °} Bd OL ~· ··. lj
oa t uu: n sta as l?STRf(f*li*’;7Ll' 12:
A-1+5

Case 1:04-cv-00477-JJF

Document 14-7

Filed 06/01/2005

Page 1 of 2

Case 1:04-cv-00477-JJF

Document 14-7

Filed 06/01/2005

Page 2 of 2