The following blog entry is written from a defendant’s position during pre-trial litigation. Reviewing this kind of briefing should help potential plaintiffs and clients better understand how parties in an elder abuse case present such issues to the court.
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury case and its proceedings.)
(C) Sufficient Documentation of the Bankruptcy Reorganization Exists to Support Defendants’ Argument for Striking All Restitution Claims Arising Out of Conduct Preceding the Confirmation Date of the Second Amended Joint Plan of Reorganization
As noted in Defendants’ moving papers, Ocean Health Care, Inc., Ocean Post-Acute Network, Inc., Ocean Health Group, Inc., and their respective debtor affiliates, filed for bankruptcy protection under Chapter 11 of the Bankruptcy Code on January 18, 2000. Ocean Group confirmed the Second Amended Joint Plan of Reorganization for the Ocean Post-Acute Network, Inc., the Ocean Health Group, Inc., and Their Respective Debtor Affiliates Dated February 1, 2001 (as Or L Modified on March 25, 2001 for Confirmation) (“the Plan”) pursuant to confirmation orders dated April 3, 2001.
On May 13, 2001, the effective day of the Plan, the Ocean Group, its debtor affiliates and all successors in interest, received the discharge injunction imposed by Section IX.D of the Plan, the Bankruptcy Court’s Findings of Fact, Conclusions of Law, and Order Confirming Debtors’ Joint Plan of Reorganization.
Plaintiff contends that Defendants have not established a factual nexus between the SunCare Defendants and the Ocean Group entities involved in the bankruptcy proceedings. In response, Defendants submit the following additional documentation and requests that the Court take judicial notice thereof (see Defendants’ Supplemental Request for Judicial Notice, filed herewith):
1. Notice of Filing Plan Documentary Supplement to Debtors’ Second Amended Joint Plan of Reorganization (“Notice”); and
2. Plan Documentary Supplement Item #13 thereto, entitled Draft Memorandum and Chart Outlining Corporate Restructuring Program (“Supplement”). (See Part 6 of 6.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.