[WSBAPT] Subpoena Duces Tecum to Boeing Retierment Systems

Fri Jan 21 07:33:34 PST 2022

Thank you all.  I sent the SDT by certified mail and we will see if this works and we get the requested docs or if Boeing objects.

Dalynne Singleton
Gourley Law Group
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From: Kristi L. Richards <KRichards at skellengerbender.com>
Sent: Friday, January 21, 2022 7:14 AM
To: Dalynne Singleton <dalynne at glgmail.com>
Subject: RE: [WSBAPT] Subpoena Duces Tecum to Boeing Retierment Systems

Daylnne-

Can you use the personal service rules for out-of-state corporations to serve the documents?  I cannot believe you have to have an order to serve them.  That would be insanity.

https://app.leg.wa.gov/rcw/default.aspx?cite=4.28.080
(10) If against a foreign corporation or nonresident joint stock company, partnership or association doing business within this state, to any agent, cashier or secretary thereof.

I am positive I have used that process in the past, although I remember the rule requiring service on the Washington Secretary of State, so it has been quite a while since I did it.

Good luck!

Kristi

Kristi L. Richards
Attorney
skellenger bender
TRUST AND ESTATE PRACTICE
Estate Planning | Probate

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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Doug Schafer
Sent: Thursday, January 20, 2022 1:24 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>; Dalynne Singleton <dalynne at glgmail.com<mailto:dalynne at glgmail.com>>
Subject: Re: [WSBAPT] Subpoena Duces Tecum to Boeing Retierment Systems

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Given the prominence of Boeing, the Dept. of Labor might be interested in this. ERISA requires that plan adminisrators provide plan participants and beneficiaries certain documents upon written request.
I suggest that you attempt contact with the Seattle DOL field office of the Employee Benefits Security Administration:
https://www.dol.gov/agencies/ebsa/about-ebsa/about-us/regional-offices

see: https://www.jdsupra.com/legalnews/pay-attention-to-requests-for-erisa-88494/<https://www.jdsupra.com/legalnews/pay-attention-to-requests-for-erisa-88494>
also: https://www.dwt.com/blogs/employment-labor-and-benefits/2020/05/dol-erisa-e-delivery-final-regulations

Doug Schafer, in Tacoma
On 1/20/2022 12:51, Dalynne Singleton wrote:
I need to get retirement documents from Boeing.  I have been waiting months and now received a letter telling me to send a subpoena.
My client inherited (widow) the retirement in full as named beneficiary.  The address for Boeing retirement systems is out of state.  Has anyone successfully sent a SDT w/o court order to out of state corporation?
If not and I need court order, I would appreciate samples of how this is done – ex parte?  My reading of CR 45 points to getting a court ordered subpoena.

Dalynne Singleton

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