Case 13-20348-led

Doc 331

Entered 05/05/14 15:09:17

Page 4 of 5

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provider number and its Nevada license due to the imminent failure to timely complete the

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corrections to the Life Safety and Health Deficiencies required by both CMS and the State of

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Nevada, among other failings, and the loss of its license as a restructuring plan cannot be

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achieved and implemented when Dr. Scoccia is breaching his fiduciary duties, stealing from

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Debtor, and placing his own self-interest above the interests of the estate.

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7.

Dr. Scoccia is presently wielding his power for his sole benefit to the detriment of

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the patients, the Hospital, and the estate; any delay in hearing the Motion could have dire

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consequences. While life and death discussions in bankruptcy cases are usually hyperbole, here

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it is not. In this unique circumstance, delay in hearing the Motion will endanger lives, place

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Debtor’s licensure in jeopardy, and render a reorganization improbable.
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After consultation with Mr. Colvin, Debtor’s counsel, as well as: (i) Mr. Works,

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counsel for Mr. Seelig, the PCO; (ii) Mr. Murtha, counsel for Round Mountain Gold; (iii) Mr.

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Singer, counsel for the Official Committee of Unsecured Creditors; and (iv) Mr. Conte, counsel

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for Computer Programs and Systems, Inc. regarding their availability, all such parties are

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available to appear at a hearing on Wednesday, May 7, 2014, Thursday, May 8, 2014, and the

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morning of Friday, May 9, 2014.

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I declare under the penalty of perjury that the aforementioned statements are true and
correct to the best of my knowledge.
DATED this 5th day of May, 2014.

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/s/ Talitha Gray Kozlowski
TALITHA GRAY KOZLOWSKI, ESQ.

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II.
LEGAL ARGUMENT

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Section 105, Title 11 United States Code (the “Bankruptcy Code”) allows this Court to
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issue such orders as are necessary to carry out the provisions of this title. Fed. R. Bankr. P.
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9006(c)(1) generally permits a Bankruptcy Court, for cause shown and in its discretion, to reduce
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the period during which any notice is given in accordance with the Bankruptcy Rules.
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Bankruptcy Rule 9006(c)(1) provides as follows:
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Gordon Silver
Attorneys At Law
Ninth Floor
3960 Howard Hughes Pkwy
Las Vegas, Nevada 89169
(702) 796-5555

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104485-001/2283480.doc