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In re TOC Holdings Co.

United States District Court, W.D. Washington

May 3, 2019

In Re TOC Holdings Co., fka Time Oil Co., Debtor.
v.
C. EDWARD MILLER, JR and JANE DOE MILLER, husband and wife and their marital community, and C. Edward Miller, Jr. in his capacity as trustee for certain defendant EDMUND J. WOOD, Trustee of the Bankruptcy Estate of TOC Holdings Co., fka Time Oil Co., Plaintiff, trusts herein; RAYMOND G. STROMER and JANE DOE STROMER, husband and wife and their marital community; CAROLYN M. HECK and JOHN DOE HECK, husband and wife and their marital community; HOLLJDAY REVOCABLE TRUST; E. GAILLE HOLLIDAY and THE NORTHERN TRUST COMPANY as Trustees of the HOLLIDAY REVOCABLE TRUST; E. GAILLE HOLLIDAY, in her individual capacity as part of the marital community of H. ROGER HOLLIDAY; CARRIE ANN ABENDROTH and JOHN DOE ABENDROTH, husband and wife and their marital community; DAVID EDWARD ABENDROTH and JANE DOE ABENDROTH, husband and wife and their marital community; INGRID LEA ABENDROTH and JOHN DOE ABENDROTH, husband and wife and then-marital community; MICHAEL JAMES ABENDROTH and JANE DOE ABENDROTH, husband and wife and their marital community; RICHARD DREW ABENDROTH and JANE DOE ABENDROTH, husband and wife and their marital community; STEPHEN E. ABENDROTH and JANE DOE ABENDROTH, husband and wife and their marital community; TERRY LYNN ABENDROTH and JOHN DOE ABENDROTH, husband and wife and their marital community; DAISY S. MILLER TRUST; DAWN C. MILLER TRUST; DOMINIQUE S. MILLER TRUST; JOHN MICHAEL HECK and JANE DOE HECK, husband and wife and their marital community; JULIANNE MARIE HECK and JOHN DOE HECK, husband and wife and their marital community; CHRISTOPHER F. MAKENS and JANE DOE MAKENS, husband and wife and their marital community; DIANA M. MAKENS and JOHN DOE MAKENS, husband and wife and their marital community and Diana M. Makens in her capacity as trustee for certain defendant trusts herein; JAMES W. MAKENS and JANE DOE MAKENS, husband and wife and their marital community; JOHN E. MAKENS and JANE DOE MAKENS, husband and wife and their marital community; MICHAEL D. MAKENS and JANE DOE MAKENS, husband and wife and their marital community; MILLER FAMILY TRUST UTD 4/16/81; C. EDWARD MILLER, JR. SEPARATE PROPERTY TRUST; LAUREEN MILLER SEPARATE PROPERTY TRUST; MELISSA DEL NERO PIRES and JOHN DOE PIRES, husband and wife and their marital community; KATHERINE VALLERNAUD and JOHN DOE VALLERNAUD, husband and wife and their marital community; 1999 YASUTAKE FAMILY TRUST; GERALD YUJI YASUTAKE and BARBARA ANN YASUTAKE, in then-capacities as trustees of the 1999 YASUTAKE FAMILY TRUST, and DOES 1-100; Defendants.

          FOSTER PEPPER PLLC Christopher G. Emch Deborah A. Crabbe, WSBA #22263 Christopher G. Emch, WSBA #26457 Bryan T. Glover, WSBA #51045 Attorneys for Plaintiff Chapter 7 Trustee Edmund J. Wood

          K&L GATES LLP s/MichaelJ. Gearin Michael J. Gearin, WSBA #20982 David Bateman, WSBA #14262 Attorneys for Defendants Carolyn M. Heck; 1999 Yasutake Family Trust; Gerald Yuji Yasutake and Barbara Ann Yasutake as Trustees of the 1999 Yasutake Family Trust; David Edward Abendroth; Michael James Abendroth; Carrie Ann Abendroth; Ingrid Lea Abendroth; John Michael Heck; Richard Drew Abendroth; Julianne Marie Heck; Stephen E. Abendroth; Terry Lynn Abendroth

          SCHWABE, WILLIAMSON & WYATT, PC s/Lawrence R. Ream Lawrence R. Ream, WSBA #18159 Colin J. Folawn, WSBA #34211 Ryan W. Dumm, WSBA #46738 Attorneys for Defendants C. Edward Miller, Jr.; Jane Doe Miller; Estate of Raymond G. Stromer, William Greenwood, Personal Representative; Daisy S. Miller Trust; Dawn C. Miller Trust; Dominique S. Miller Trust; Christopher F. Makens; Diana M. Makens; John Doe Makens; James W. Makens; Jane Doe Makens; John E. Makens; Michael D. Makens; Jane Doe Makens; Miller Family Trust UTD 04/16/81; C. Edward Miller, Jr. Separate Property Trust; Laureen Miller Separate Property Trust; Melissa Del Nero Pires; John Doe Pires; Katherine Vallernaud; John Doe Vallernaud; Holliday Revocable Trust; E. Gaille Holliday and The Northern Trust Company as Trustees of the Holliday Revocable Trust; E. Gaille Holliday

          STIPULATED MOTION AND ORDER TO SUBSTITUTE PARTY PURSUANT TO FRCP 25)

          Robert S. Lasnik United States District Judge

         I. STIPULATION

         The parties, by and through their undersigned counsel of record, hereby stipulate and move this Court pursuant to Federal Rule of Civil Procedure 25, which is incorporated by reference in Bankruptcy Rule 7025, to substitute the name of an existing party in the case from Defendant Raymond G. Stromer to the "Estate of Raymond G. Stromer, William Greenwood, Personal Representative." This action was initiated as an adversary proceeding (Adv. Pro. No. 18-01041-CMA) in connection with the Chapter 7 bankruptcy proceedings in In Re: TOC Holdings Co., fka Time Oil Co. in the United States Bankruptcy Court for the Western District of Washington (No. 17-11872-CMA). Plaintiff Edmund J. Wood is the duly appointed Chapter 7 Trustee of the Bankruptcy Estate of TOC Holdings Co., fka Time Oil Co. On February 25, 2019, this Court issued an Order Granting Motion For Withdrawal Of Reference [District Court Dkt 4] with respect to the adversary proceeding and assigned a District Court case number to the case (District Court No. 2:18-CV-01118-RSL).

         Federal Rule of Civil Procedure 25(a) provides that "If a party dies and the claim is not extinguished, the court may order substitution of the proper party." Raymond G. Stromer passed away on February 24, 2019. On April 15, 2019, a petition for probate was filed regarding Mr. Stromer, In Re Raymond G. Stromer, King County Superior Court No. 19-4-08192-6 SEA. William Greenwood was appointed as the personal representative of the Estate. A true and correct copy of the docket sheet for No. 19-4-08192-6 SEA, as of April 25, 2019, is attached hereto as Exhibit A.

         The parties therefore respectfully request that this substitution be ordered by the Court without waiver of any claims, defenses, or rights of any of the parties to this action, including but not limited to any pending claims alleged against Raymond G. Stromer in Plaintiffs First Amended Complaint For Breaches Of Fiduciary Duty, To Recover Fraudulent Transfers, And For Violations Of The Washington Business Corporation Act [Adv. Dkt 64] and any answers and defenses alleged in defendants' Answers and Affirmative Defenses to the First Amended Complaint [Adv. Dkt 94 and Adv. Dkt 95].

         So stipulated and jointly submitted on May 2, 2019 by:

         II. ORDER

         Based on the foregoing ...


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