In Re: LLS America LLC (Kriegman v. McDonald) Adv. Proceedings No. 11-80191-PCW11

Filing 76

ORDER GRANTING STIPULATION OF DISMISSAL OF DEFENDANT AMY DEL TORO - granting 75 Motion to Dismiss. Party Amy Del Toro terminated. Signed by Chief Judge Rosanna Malouf Peterson. (CC, Case Administrator)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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In Re:

Case No. 12-CV-661-RMP

LLS AMERICA, LLC,

Bankruptcy Case No. 09-06194-FPC11

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Debtor.

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BRUCE P. KRIEGMAN, Liquidating
Trustee under the Liquidating Trust for
LLS America LLC,

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Plaintiff,

Adversary No. 11-80135-FPC11
ORDER GRANTING STIPULATION
OF DISMISSAL OF DEFENDANT
AMY DEL TORO

v.

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PEGGY JORDAN AND AMY DEL
TORO,

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Defendants.

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This matter came before the Court pursuant to the Stipulation of Dismissal
only as to Defendant Amy Del Toro, filed by Plaintiff (the “Stipulation”). Having

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reviewed the Stipulation, and the files and pleadings on record herein, and for
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good cause appearing,
IT IS HEREBY ORDERED that Plaintiff’s Stipulated Motion to Dismiss

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Defendant Amy Del Toro with prejudice and with each party to bear their own
attorneys' fees and costs, ECF No. 75, is GRANTED.

ORDER GRANTING STIPULATION OF
DISMISSAL OF DEFENDANT - 1

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IT IS FURTHER ORDERED that any and all claims that Defendant Amy
Del Toro may have against the Chapter 11 Trustee and the LLS Companies, the

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Estate, the Liquidating Trust, the Trustee and the employees, agents and attorneys
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of the Chapter 11 Trustee and the Trustee are hereby waived. Defendant Amy Del
Toro shall not have any claim of any kind, including without limitation any claims

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arising under 11 U.S.C. §502(h), against the Estate and shall not be entitled to any
distribution of any kind from said Estate. Defendant Amy Del Toro understands

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and agrees: (a) any proof of claim filed by her in the Bankruptcy is hereby
withdrawn; (b) not to file any replacement proof of claim; and (c) not to assert a
similar right to payment from the Liquidating Trust, the Estate or any of the LLS

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Companies. To the extent not withdrawn, Defendant Amy Del Toro agrees that
any proof of claim filed in this case shall be deemed disallowed and is hereby

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disallowed.
The District Court Clerk is directed to enter this Order, terminate Amy Del

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Toro as a defendant in this case, and provide copies to counsel
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DATED this 13th day of March 2014.

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s/ Rosanna Malouf Peterson
ROSANNA MALOUF PETERSON
Chief United States District Court Clerk

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ORDER GRANTING STIPULATION OF
DISMISSAL OF DEFENDANT - 1