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



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Excerpt: provides in pertinent part as follows: "(d) Public Officers; Death or Separation from Office. (1) When a public officer is a party to an action in an official capacity and during its pendency dies, resigns, or otherwise ceases to hold office, the action does not abate and the officer's successor is automatically substituted as a party. Proceedings follo
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IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: Andrea Klika, Debtor Kelly Beaudin Stapleton, United States Trustee Plaintiff, v. Andrea Klika, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Chapter 7 Bkrcy. Case No. 05-10707 (MFW)

Civil Action No. 07-240-GMS

EX PARTE APPLICATION TO AUTOMATICALLY SUBSTITUTE PUBLIC OFFICER AS PARTY (FRCP 25; FRBP 7025) Comes now Roberta A. DeAngelis, Acting United States Trustee for Region Three ("UST") and makes application to the Court as follows: 1. Kelly Beaudin Stapleton, United States Trustee for Region Three, plaintiff

herein, ceased her duties as the Acting United States Trustee on May 2, 2008. 2. On May 3, 2008, Roberta A. DeAngelis became the Acting United States

Trustee for Region Three. Federal Rule of Bankruptcy Procedure 7025 ("FRBP"), which incorporates Federal Rule of Civil Procedure 25 ("FRCP"), provides in pertinent part as follows: "(d) Public Officers; Death or Separation from Office. (1) When a public officer is a party to an action in an official capacity and during its pendency dies, resigns, or otherwise ceases to hold office, the action does not abate and the officer's successor is automatically substituted as a party. Proceedings following the substitution shall be in the name of the substituted party, but any 1

Case 1:07-cv-00240-GMS

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misnomer not affecting the substantial rights of the parties shall be disregarded. An order of substitution may be entered at any time, but the omission to enter such an order shall not affect the substitution. Accordingly, the UST prays that the Court enter an Order of Substitution replacing Kelly Beaudin Stapleton, United States Trustee, as the proper party plaintiff herein, the caption of the case and the docket also so changed to reflect the substitution. Respectfully submitted,

ROBERTA A. DeANGELIS ACTING UNITED STATES TRUSTEE

BY:

/s/ David L. Buchbinder, Esquire Trial Attorney United States Department of Justice Office of the United States Trustee J. Caleb Boggs Federal Building 844 King Street, Room 2207, Lockbox 35 Wilmington, DE 19801 (302) 573-6491 (302) 573-6497 (Fax)

Date: May 7, 2008

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IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: Andrea Klika, Debtor Andrea Klika, Appellant, v. U.S. Trustee Kelly Beaudin Stapleton, George L. Miller, Trustee-in Bankruptcy Appellees. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Chapter 7 Bkrcy. Case No. 05-10707 (MFW)

Civil Action No. 07-240-GMS

ORDER GRANTING EX PARTE APPLICATION TO AUTOMATICALLY SUBSTITUTE PUBLIC OFFICER AS PARTY (FRCP 25; FRBP 7025) Upon the Application of Roberta A. DeAngelis, Acting United States Trustee for Region Three, for an Order pursuant to Federal Rule of Civil Procedure 25 and Federal Rule of Bankruptcy Procedure 7025, and good cause appearing therefor and it appearing that no notice of the Application is required, it is hereby Ordered as follows: 1. Roberta A. DeAngelis, Acting United States Trustee, is hereby substituted

as plaintiff in place and in stead of Kelly Beaudin Stapleton pursuant to Federal Rule of Civil Procedure 25 and Federal Rule of Bankruptcy Procedure 7025. [balance of page left intentionally blank]

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2. In re:

The caption and docket of this case shall hereafter appear as:

) ) Chapter 7 Andrea Klika, ) ) Case No. 05-10707-MFW Debtor ) -------------------------------------------------------------- ) Andrea Klika, ) ) Appellant. ) ) v. ) Civil Action No. 07-240-GMS ) U.S. Trustee Roberta A. DeAngelis, ) George L. Miller, Trustee-in-Bankruptcy ) ) ) Appellees ) )

BY THE COURT: THE HONORABLE GREGORY M. SLEET UNITED STATES DISTRICT JUDGE

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE In re Chapter 7 ANDREA KLIKA Debtor. ANDREA KLIKA Appellant, v. U.S. TRUSTEE KELLY BEAUDIN STAPLETON, et al. Appellees. Civil Action No. 07-240 GMS CASE NO. 05-10707 (MFW)

CERTIFICATE OF SERVICE I certify that, on May 7, 2008, I caused to be served a copy/copies of the Ex Parte Application to Automatically Substitute Public Officer as Party (FRCP 25; FRBP 7025); Order Granting ex Parte Application to Automatically Substitute Public Officer as Party (FRCP 25; FRBP 7025) via First Class United States Mail to the following persons: Andrea Klika 100 Belltown Terrace Bear, De 19701 Jennifer Maleski, Esq. Dilworth & Paxson 1735 Market Street, Ste. 3200 Philadelphia, PA 19103-7595

/s/ David L. Buchbinder, Trial Attorney

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Date: September 7, 2008
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