Gansman v. Independent Chute Company, a Washington Partnershi
Adversary Proceeding
Lead BK case is: 3:18-bk-31087
Lead BK case is: 3:18-bk-31087
| California Northern Bankruptcy Court | |
| Chapter 11 | |
| Judge: | Hannah L Blumenstiel |
| Case #: | 3:20-ap-03043 |
| Nature of Suit | 11 Bankruptcy - Recovery of money/property - §542 turnover of property |
| Case Filed: | Jun 30, 2020 |
| Terminated: | Jan 06, 2021 |
| Last checked: never |
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Defendant
Independent Chute Company, a Washington Partnership
38125 2nd Ave. S
Roy, WA 98580 |
Represented By
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Defendant
William Joseph Miller, an individual
6113 176th Sreet East, Bldg. B
Puyallup, WA 98375 |
Represented By
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Defendant
Kenneth Alan Christin, an individual
5404 S. 364th Street
Auburn, WA 98001 |
Represented By
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Plaintiff
James Gansman, Liquidating Trustee of the Sedgwick LLP Liquidating Trust,
Rock Creek Advisors LLC 555 Fifth Avenue 14th Floor
New York, NY 10017 |
Represented By
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| Docket last updated: 04/29/2025 1:06 PM PDT |
| Wednesday, January 12, 2022 | ||
| 34 | 34
notice
Notice of Change of Address (Multi)
Wed 01/12 10:25 AM
Notice of Change of Address Notice of Change of Firm Name . (Komorsky, Jason) |
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| Wednesday, January 06, 2021 | ||
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court
Close Adversary Case
Wed 01/06 5:31 PM
Adversary Case Closed 3:20-ap-3043. (rs) |
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| Thursday, December 17, 2020 | ||
| 33 | 33
order
Default Judgment
Thu 12/17 11:29 AM
Default Judgment (bg) |
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| Friday, December 11, 2020 | ||
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order
Judge Docket Order
Fri 12/11 12:03 PM
DOCKET TEXT ORDER (no separate order issued:) In light of the court's willingness to grant Plaintiffs motion for default judgment, the December 17, 2020 scheduling conference is hereby VACATED. |
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court
Hearing Dropped
Fri 12/11 12:07 PM
Hearing Dropped Off calendar per order on 12/11/20. (bg) |
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| Monday, December 07, 2020 | ||
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order
Judge Docket Order
Mon 12/07 6:51 AM
DOCKET TEXT ORDER (no separate order issued:) This proceeding is scheduled to come before the court on December 10, 2020 for a hearing on Plaintiff's motion for default judgment (Dkt. 30; the "Motion"). The Clerk has entered defaults as to all defendants, pursuant to FRCP 55(a) and FRBP 7055. The court has analyzed the Motion and all evidence introduced in support thereof and has concluded that Plaintiff has proven the elements of the causes of action pleaded in the complaint. Accordingly, the court orders as follows: (1) The Motion will be granted. (2) Within 10 days following entry of this Docket Text Order, Plaintiff's counsel shall submit (a) an order consistent with the Motion; and (b) a form of judgment. (3) The December 10 hearing on the Motion is hereby vacated. . (Waites, Katie) |
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court
Hearing Dropped
Mon 12/07 8:05 AM
Hearing Dropped Off calendar per order on 12/7/20. (bg) |
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| Wednesday, October 28, 2020 | ||
| 32 | 32
misc
Certificate of Service
Wed 10/28 2:32 PM
Certificate of Service of Motion for Entry of Default Judgment Against Defendants, Declarations of Michael Hayes and Joseph Rothberg in support of Motion for Entry of Default Judgment Against Defendants; and Notice of Hearing of Motion for Entry of Default Judgment Against Defendants . Filed by Plaintiff James Gansman (Rothberg, Joseph) |
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| 31 | 31
notice
Notice of Hearing
Wed 10/28 2:30 PM
Notice of Hearing re Plaintiff's Motion for Entry of Default Judgment against Defendants Independent Chute Company, William Joseph Miller and Kenneth Alan Christin . Hearing scheduled for 12/10/2020 at 02:00 PM via Tele/Videoconference - www.canb.uscourts.gov/calendars. Filed by Plaintiff James Gansman. (Rothberg, Joseph) |
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| 30 | 30
motion
Default Judgment
Wed 10/28 2:27 PM
Motion for Default Judgment Against Defendants Filed by Plaintiff James Gansman. (Rothberg, Joseph) |
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Att: 1
Declaration of Michael Hayes In Support of Motion for Default Judgment Against Defendants
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Att: 2
Declaration of Joseph Rothberg ISO Motion for Entry of Default Judgment Against Defendants
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| Thursday, October 22, 2020 | ||
| 29 | 29
court
BNC Certificate of Mailing - Clerk's Entry of Default
Thu 10/22 9:25 PM
BNC Certificate of Mailing - Clerk's Entry of Default . Notice Date 10/22/2020. (Admin.) |
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| Tuesday, October 20, 2020 | ||
| 28 | 28
court
Clerk's Entry of Default
Tue 10/20 11:08 AM
Clerk's Entry of Default as to Defendant William Joseph Miller . (jf) |
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| Monday, October 19, 2020 | ||
| 27 | 27
court
Clerk's Entry of Default
Mon 10/19 4:41 PM
Clerk's Entry of Default as to Defendant William Joseph Miller . (jf) See docket #28 for form - Clerk's Entry of Default. Modified on 10/20/2020 (jf). NOTE: The BNC Notice will not be generated. Modified on 10/20/2020 (rs) |
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| Saturday, October 03, 2020 | ||
| 26 | 26
court
BNC Certificate of Mailing - Clerk's Entry of Default
Sat 10/03 9:25 PM
BNC Certificate of Mailing - Clerk's Entry of Default . Notice Date 10/03/2020. (Admin.) |
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| Thursday, October 01, 2020 | ||
| 25 | 25
court
Clerk's Entry of Default
Thu 10/01 4:45 PM
Clerk's Entry of Default as to Defendant William Joseph Miller . (jf) |
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| 24 | 24
court
Clerk's Entry of Default
Thu 10/01 4:42 PM
Clerk's Entry of Default as to Defendant William Joseph Miller . (jf) Disregard - Clerk docketed with document attached. Modified on 10/1/2020 (jf) |
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| 23 | 23
court
Clerk's Entry of Default
Thu 10/01 4:37 PM
Clerk's Entry of Default as to Plaintiff James Gansman . (jf) Disregard, Clerk docketed in error. Modified on 10/1/2020 (jf) |
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| Wednesday, September 30, 2020 | ||
| 22 | 22
court
BNC Certificate of Mailing - Clerk's Entry of Default
Wed 09/30 9:25 PM
BNC Certificate of Mailing - Clerk's Entry of Default . Notice Date 09/30/2020. (Admin.) |
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| 21 | 21
court
BNC Certificate of Mailing
Wed 09/30 9:25 PM
BNC Certificate of Mailing . Notice Date 09/30/2020. (Admin.) |
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| Monday, September 28, 2020 | ||
| 20 | 20
court
Clerk's Entry of Default
Mon 09/28 3:41 PM
Clerk's Entry of Default as to Defendant Kenneth Alan Christin . (trw) |
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| 19 | 19
order
Defects in Request for Entry of Default
Mon 09/28 3:39 PM
Order Re Notice of Defects in Request for Entry of Default. . (trw) |
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| Friday, September 25, 2020 | ||
| 18 | 18
misc
Certificate of Service
Fri 09/25 4:33 PM
Certificate of Service re Request for Entry of Default against Kenneth Alan Christin and Declaration of Joseph Rothberg In Support Thereto . Filed by Plaintiff James Gansman (Rothberg, Joseph) |
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| 17 | 17
misc
Declaration
Fri 09/25 4:30 PM
Declaration of Joseph Rothberg in in support of Request for Entry of Default Against Kenneth Alan Christin . Filed by Plaintiff James Gansman (Rothberg, Joseph) |
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| 16 | 16
misc
Request For Entry of Default
Fri 09/25 4:25 PM
Request for Clerk's Entry of Default Re: Against Defendant Kenneth Alan Christin . Filed by Plaintiff James Gansman Clerks Entry of Default due by 10/9/2020. (Rothberg, Joseph) |
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| 15 | 15
misc
Certificate of Service
Fri 09/25 4:12 PM
Certificate of Service re Request for Entry of Default against William Joseph Miller aka W.J. Curley Miller and Declaration of Joseph Rothberg In Support Thereto . Filed by Plaintiff James Gansman (Rothberg, Joseph) |
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| 14 | 14
misc
Declaration
Fri 09/25 4:10 PM
Declaration of Joseph Rothberg in in support of Request for Entry of Default Against Defendant William Joseph Miller aka W.J. Curley Miller . Filed by Plaintiff James Gansman (Rothberg, Joseph) |
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| 13 | 13
misc
Request For Entry of Default
Fri 09/25 4:08 PM
Request for Clerk's Entry of Default Re: against Defendant William Joseph Miller aka W.J. Curley Miller . Filed by Plaintiff James Gansman Clerks Entry of Default due by 10/9/2020. (Rothberg, Joseph) |
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| 12 | 12
misc
Certificate of Service
Fri 09/25 3:46 PM
Certificate of Service re Request for Entry of Default against Independent Chute Company and Declaration of Joseph Rothberg In Support Thereto . Filed by Plaintiff James Gansman (Rothberg, Joseph) |
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| 11 | 11
misc
Declaration
Fri 09/25 3:43 PM
Declaration of Joseph Rothberg in in support of of Request for Entry of Default Against Independent Chute Company . Filed by Plaintiff James Gansman (Rothberg, Joseph) |
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| 10 | 10
misc
Request For Entry of Default
Fri 09/25 3:41 PM
Request for Clerk's Entry of Default Re: against Defendant Independent Chute Company . Filed by Plaintiff James Gansman Clerks Entry of Default due by 10/9/2020. (Rothberg, Joseph) |
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| Saturday, September 19, 2020 | ||
| 9 | 9
court
BNC Certificate of Mailing - Electronic Order
Sat 09/19 9:16 PM
BNC Certificate of Mailing - Electronic Order . Notice Date 09/19/2020. (Admin.) |
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| Friday, September 18, 2020 | ||
| 8 | 8
audio
audio
Fri 09/18 8:55 PM
The Audio File attached to the PDF includes several hearings. Court Date & Time [ 9/17/2020 2:00:00 PM ]. File Size [ 2260 KB ]. Run Time [ 00:09:25 ]. (admin) |
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| Thursday, September 17, 2020 | ||
| 7 | 7
3
pgs
order
Order
Thu 09/17 3:12 PM
Order Following Scheduling Conference . (bg) |
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court
Hearing Continued/Rescheduled
Thu 09/17 2:32 PM
Hearing Continued Hearing scheduled for 12/17/2020 at 02:00 PM via Tele/Videoconference - www.canb.uscourts.gov/calendars. Joseph Rothberg appeared for the Plaintiff. No other appearances were made. By 9/28/20, the Plaintiff shall request entry of clerk's default. Within 30 days from entry of clerk's default, Plaintiff shall file and serve a motion for default judgment. The court will issue an order. (bg) |
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| Friday, September 11, 2020 | ||
| 6 | 6
misc
Certificate of Service
Fri 09/11 1:30 PM
Certificate of Service re Declaration of Jason B. Komorsky in support of Service of Summons & Complaint . Filed by Plaintiff James Gansman (Komorsky, Jason) |
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| 5 | 5
misc
Declaration
Fri 09/11 1:03 PM
Declaration of Jason B. Komorsky in in support of Service of Summons and Complaint of . Filed by Plaintiff James Gansman (Komorsky, Jason) |
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| Tuesday, September 08, 2020 | ||
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order
Judge Docket Order
Tue 09/08 11:11 AM
DOCKET TEXT ORDER (no separate order issued:) This proceeding is scheduled to come before the court on September 17, 2020 for a scheduling conference. The court has reviewed the complaint, summons (Dkt. 2), and certificate of service of process (Dkt. 4) and orders as follows:Deft. William Joseph Miller was served on July 6, 2020 by first class mail sent to 6113 176th Street East, Bldg. B, Puyallup, WA 98375. According to Para. 9 of Plaintiff's complaint, Mr. Miller is an individual who resides in the State of Washington. Ex. 1 to the complaint consists of a Sedgwick LLP engagement agreement dated July 25, 2017 and sent to Deft Miller and Deft. Independent Chute Company (ICC) at the same street address and zip code as that used for service of process, but in a different city: Frederickson, WA. Ex. 2 to the complaint consists of invoices issued by Sedgwick LLP to Mr. Miller and ICC between August 2017 January 2018 and sent to the same address as that used for service of process. The court notes that these invoices indicate that the engagement for which Sedgwick was retained involved defending Mr. Miller and ICC in an unlawful detainer action in which a writ of restitution was issued and in which a motion to vacate that writ was denied. Pursuant to FRBP 7004(b)(1), individuals can be served with process by first class mail sent to their place of residence or their typical place of business. Based on the courts review of the record, it cannot conclude that Mr. Miller has been properly served with process without additional information. Accordingly, the court ORDERS Plaintiff to file and serve no later than September 11, 2020, a declaration explaining why he believes that Deft. Miller has been validly serviced with process. This will permit the court to determine whether Mr. Miller was properly served prior to the September 17, 2020 scheduling conference.Deft. Kenneth Alan Christin was served on July 6, 2020 by first class mail sent to 5404 S. 364th Street, Auburn, WA 98001-9128. According to Para. 10 of Plaintiffs complaint, Mr. Christen is an individual who resides in the State of Washington. Pursuant to FRBP 7004(b)(1), individuals can be served with process by first class mail sent to their place of residence or their typical place of business. Based on the courts review of the record, it cannot conclude that Mr. Christen has been properly served with process without additional information. Accordingly, the court ORDERS Plaintiff to file and serve no later than September 11, 2020, a declaration explaining why he believes that Deft. Christen has been validly served. This will permit the court to determine whether Mr. Christen was properly served prior to the September 17, 2020 scheduling conference.Defendant ICC was served on July 6, 2020 by first class mail sent to 38125 2nd Ave. S, Roy, WA 98580. According to Para. 8 of the complaint, Deft. ICC is a WA partnership located at 6113 176th Street East, Bldg. B, Frederickson, WA 98375. FRBP 7004(b)(3) permits service of process by first class mail on domestic corporations if sent to the attention of an officer, a managing or general agent, or a statutory agent for service of process. If sent to a statutory agent for service of process, and if applicable law so requires, process must also be sent to the defendant. The address used for service of process on ICC differs from that set forth in the complaint and attached exhibits. The court notes that Ex. 2 to the complaint suggests that the address set forth Para. 8 of the complaint is no longer a valid address for Deft. ICC, but the certificate of service of the summons offers no indication as to how the address used for service of process was determined to be valid. It also does not appear that service sent to ICC was directed to the attention of an officer, managing or general agent, or statutory agent for service of process. The court cannot conclude that ICC has been properly served with process without additional information. Accordingly, on or before September 11, 2020, Plaintiff shall file and serve a declaration explaining why he believes service of process is valid as to Deft. ICC. This will permit the court to determine the validity of service of process prior to the September 17, 2020 scheduling conference. |
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| Monday, July 06, 2020 | ||
| 4 | 4
cmp
Summons Service Executed
Mon 07/06 3:38 PM
Summons Service Executed on Kenneth Alan Christin 7/6/2020; Independent Chute Company, a Washington Partnership 7/6/2020; William Joseph Miller 7/6/2020 . (Komorsky, Jason) |
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| Tuesday, June 30, 2020 | ||
| 3 | 3
order
Discovery
Tue 06/30 4:05 PM
Order Regarding Initial Disclosures and Discovery Conference (aw) |
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| 2 | 2
court
Summons Issued
Tue 06/30 4:04 PM
Summons Issued on Kenneth Alan Christin Answer Due 7/30/2020; Independent Chute Company, a Washington Partnership Answer Due 7/30/2020; William Joseph Miller Answer Due 7/30/2020 . Scheduling Conference scheduled for 9/17/2020 at 02:00 PM via Tele/Videoconference - www.canb.uscourts.gov/calendars. (aw) |
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| 1 | 1
cmp
Complaint
Tue 06/30 12:23 PM
Adversary case[LINK 20-03043 . 11 Complaint by James Gansman against Independent Chute Company, a Washington Partnership, William Joseph Miller, Kenneth Alan Christin. Fee Amount $350. (Gubner, Steven) |
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Att: 1
AP Cover Sheet
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crditcrd
none
Tue 06/30 1:53 PM
Receipt of filing fee for Complaint 20-03043 [cmp,cmp] ( 350.00). Receipt number 30609552, amount $ 350.00 (U.S. Treasury) |
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