Free Motion to Substitute Party - District Court of Delaware - Delaware

Case 1:07-cv-00048-JJF

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Filed 09/12/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE M. DIANE KOKEN, in her off~cial capacity as Insurance Commissioner of the Commonwealth : of Pennsylvania, as Liquidator of RELIANCE INSURANCE COMPANY (IN LIQUIDATION), : Plaintiff, V. PAULA FINANCIAL, Defendant. MOTION FOR SUBSTITUTION OF SUCCESSOR PUBLIC OFFICIAL AS PARTY-PLAINTIFF AND AMENDMENT OF CAPTION Pursuant to Rule 25(d), Plaintiff hereby moves for substitution of the presently named partyPlaintiff, M. Diane Koken, for her successor, Joel S. Ario, who is now serving as the Acting Insurance Commissioner of the Commonwealth of Pennsylvania as Statutory Liquidator of Reliance Insurance Company (In Liquidation). This motion is made merely to formally change the named Plaintiff in this case on account of the resignation of Ms. Koken and the assumption by Mr. Ario of the off~ceshe formerly held. The capacity, claims, position, and all other attributes of Plaintiff's position are CIVlL ACTION NO. 07-48

unchanged as a result of this change of the holder of the office. The case is therefore unaffected as a result of the substitution. Accordingly, Plaintiff requests that the Court formally order substitution of the named plaintiff and order the caption be amended accordingly. FOX ROTHSCHKD LLP By :
/s/ Sheldon K Rennie (#3772) Sheldon K. Rennie, Esquire 919 N. Market Street, Suite 1300 P.O. Box 2323 Wilmington, DE 19899-2323 (302) 622-4202

Case 1:07-cv-00048-JJF

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Gerald E. Arth, Esquire Cheryl A. Garber, Esquire FOX ROTHSCHED LLP 2000 Market Street, Tenth Floor Philadelphia, PA 19103-3291
(215 ) 299-2000

Attorneys for Plaint~fl
Dated: September 12, 2007

Case 1:07-cv-00048-JJF

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

M. DIANE KOKEN, in her off~cial capacity as Insurance Commissioner of the Commonwealth : of Pennsylvania, as Liquidator of RELIANCE I INSURANCE COMPANY ( NLIQUIDATION), :
Plaintiff, V. PAULA FINANCIAL,, Defendant. ORDER AND NOW, this day of CIVIL ACTION NO. 07-48

, 2007, upon Plaintiffs motion, the Court

having been advised that M. Diane Koken has resigned as Insurance Commissioner of Pennsylvania and that her successor, Joel S. Ario, is now lawfblly serving as Acting Commissioner of Pennsylvania of the Commonwealth of Pennsylvania and as Statutory Liquidator of Reliance Insurance Company (In Liquidation), It is hereby ORDERED, pursuant to Rule 25(d)(l) of the Federal Rules of Civil Procedure, that Joel S. Ario be substituted as Plaintiff in this action in the official capacity of Acting Insurance Commissioner of the Commonwealth and as Statutory Liquidator of Reliance Insurance Company (in Liquidation), in the place of M. Diane Koken, the predecessor in that office. The Clerk is directed to amend the official caption to reflect the substituted plaintiff in this action as follows:

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Case 1:07-cv-00048-JJF

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE
JOEL S. ARIO, in his official capacity as Acting Insurance Commissioner of the Commonwealth of Pennsylvania, as Liquidator of RELIANCE INSURANCE COMPANY (IN LIQULDATION), Plaintiff,
V.

CIVIL ACTION NO. 07-48

PAULA FINANCIAL, Defendant.

BY THE COURT:

FARNAN, J.

Case 1:07-cv-00048-JJF

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CERTIFICATE OF SERVTCE

I, Sheldon K. Rennie, Esquire, hereby certify that on this 1 2 day of September 2007, I served a ~
true and correct copy of the Motion for Substitution of Successor Public Official as Party-Plaintiff and

Amendment of Caption, on the following via first class mail, postage prepaid, upon the following:
Chad M. Shandler, Esquire Jamison Tweedie, Esquire Richards Layton & Finger One Rodney Square 920 North King Street Wilmington, DE 19801 Attorneysfor Defendant, Paula Financial William K. Swank, Esquire Jonathan G . Fetterly, Esquire Holme Roberts & Owen LLP 777 S. Figueroa Street Suite 2800 Los Angeles, CA 90017-5826 Of Counselfor Defendant, Paula Financial

By:

/s/Sheldon K Rennie f#3 772) Sheldon K. Rennie, Esquire