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

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT UNITED STATES OF AMERICA Plaintiff, v. $662,310.79 IN UNITED STATES CURRENCY SEIZED FROM ACCOUNT NUMBER 100080907, HELD IN THE NAME OF FRANKLIN CREDIT SERVICES, INC., AT FIRST TENNESSEE BANK, FRANKLIN, TENNESSEE, $146,000.00 and $3,315.57 IN UNITED STATES CURRENCY SEIZED FROM ACCOUNT NUMBER 100057691, HELD IN THE NAME OF FRANKLIN CREDIT SERVICES, INC., AT FIRST TENNESSEE BANK, FRANKLIN, TENNESSEE, $185,000.00 IN UNITED STATES CURRENCY SEIZED FROM ACCOUNT NUMBER 100057691, HELD IN THE NAME OF FRANKLIN CREDIT SERVICES, INC., AT FIRST TENNESSEE BANK, FRANKLIN, TENNESSEE, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Civil Action No. 300CV02009 (EBB)

MOTION FOR SUBSTITUTION OF PARTY Pursuant to Federal Rule of Civil Procedure 25(d)(1), Kim Holland, Oklahoma Insurance Commissioner, as Receiver of Farmers and Ranchers Life Insurance Company in Liquidation ("FRL"), 1

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respectfully requests that the Court issue an order substituting her in place of Carroll Fisher, as a party to this case. In support of this Motion, Commissioner Holland, as Receiver, states as follows: 1. In May 1999, Oklahoma Insurance Commissioner Carroll Fisher commenced delinquency

proceedings against FRL, an Oklahoma domestic insurer, in the District Court of Oklahoma County, State of Oklahoma, Case No. CJ-99-3401-61. On May 20, 1999, the District Court of Oklahoma County issued an Agreed Order Appointing Receiver and Permanent Injunction against FRL, placing FRL into receivership. 2. Pursuant to 36 Okla.Stat. §1914, whenever delinquency proceedings are had against an

Oklahoma insurer, the Court shall appoint the Insurance Commissioner as such receiver. Oklahoma Insurance Commissioner Carroll Fisher was thereby appointed receiver of FRL, pursuant to that section. 3. 4. Carroll Fisher has resigned as Oklahoma Insurance Commissioner. Kim Holland has assumed the office of Oklahoma Insurance Commissioner, and by virtue

of her official capacity as Insurance Commissioner, pursuant to 36 Okla.Stat. §1914, she has been appointed by the District Court of Oklahoma County as the Receiver for FRL.

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WHEREFORE, Kim Holland, as Receiver of FRL, respectfully requests that this Court enter an order substituting her for Carroll Fisher, as a party to this case. This 10th day of February, 2005. Respectfully submitted,

/s/ Douglas S. Skalka Douglas S. Skalka, Fed. Bar 00616 NEUBERT, PEPE & MONTEITH 195 Church Street, 13th Floor New Haven, Connecticut 06510 Susan Loving (21576) Lester, Loving and Davies 1701 South Kelly Edmond, Oklahoma 73013-3018 (405) 844-9900 (405) 844-9958 (fax) Counsel for KIM HOLLAND, Insurance Commissioner for the State of Oklahoma, in her capacity as Receiver of FARMERS AND RANCHERS LIFE INSURANCE COMPANY IN LIQUIDATION

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CERTIFICATE OF SERVICE

I certify that on this, the 10th day of February, 2005, a true and correct copy of the foregoing document was served via U.S. Mail, postage prepaid, on the following counsel of record: Alan F. Curley C. Phillip Curley Robinson, Curley & Clayton, P.C. 300 South Wacker Drive, Suite 1700 Chicago, IL 60606 Charles G. "Greg" Copeland, Esq. Copeland, Cook, Taylor & Bush, P.A. 200 Concourse, Suite 200 1062 Highland Colony Parkway Ridgeland, MS 39157 Douglas J. Schmidt Blackwell, Sanders, Peper, Martin, LLP 4801 Main Street, Suite 1000 Kansas City, MO 64112 Steve A. Uhrynowycz Liquidation Division 1023 West Capitol Avenue, Suite 2 Little Rock, AR. 72201-1904 Graham Matherne Andrew Campbell Wyatt, Tarrant & Combs 2525 West End Avenue, Suite 1500 Nashville, TN 37203 John B. Hughes, AUSA David X. Sullivan, AUSA United States Attorney's Office P.O. Box 1824 New Haven, CT 06508 William Harrison Crabtree, Jr., President Franklin Credit Services, Inc. 325 Sheffield Place Franklin, TN 37067 Forrest B. Lammiman, Esq. Lord, Bissell & Brook 115 S. LaSalle Street Chicago, IL 60603 Lane Wharton, Esq. Bode, Call & Stroup 3101 Glenwood Avenue, Suite 200 Raleigh, NC 27612 David Slossberg, Esq. Hurwitz & Sagarin, LLC 147 North Broad Street Milford, CT 06460 James J. Calder, Esq. Rosenman & Colin, LLP 575 Madison Avenue New York, NY 10022-2585

/s/ Douglas S. Skalka Douglas S. Skalka (ct00616) 4