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Tomberlin v. Multibank 2009-1 CML-ADC Venture, LLC, 2:17cv872-MHT. (2018)

Court: District Court, M.D. Alabama Number: infdco20180201867 Visitors: 17
Filed: Jan. 31, 2018
Latest Update: Jan. 31, 2018
Summary: OPINION AND ORDER MYRON H. THOMPSON , District Judge . This matter is before the court on appellee Multibank 2009-1 CML-ADC Venture, LLC's motion to substitute NCP Bayou 2, LLC, as plaintiff and appellee, pursuant to Federal Rule of Civil Procedure 25(c). In the motion, Multibank requested that the court schedule a hearing on the motion so that it could serve a notice of the hearing, which it asserted was required by Rule 25(c). * The court entered a show-cause order as to (1) why the moti
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OPINION AND ORDER

This matter is before the court on appellee Multibank 2009-1 CML-ADC Venture, LLC's motion to substitute NCP Bayou 2, LLC, as plaintiff and appellee, pursuant to Federal Rule of Civil Procedure 25(c). In the motion, Multibank requested that the court schedule a hearing on the motion so that it could serve a notice of the hearing, which it asserted was required by Rule 25(c).* The court entered a show-cause order as to (1) why the motion to substitute should not be granted, and (2) whether and why the court should hold a hearing before deciding the motion. Appellant responded that he does not oppose the motion to substitute and that no hearing is needed. Appellee Mulitbank did not respond. Given appellant's notice of the motion and lack of opposition to the substitution, the court sees no need for a hearing. See 7C Sullivan v. Running Waters Irrigation, Inc., 739 F.3d 354, 359-360 (7th Cir. 2014) (holding that district's failure to hold a hearing before granting a motion to substitute was not in error because, inter alia, a need for hearing had not been shown); Fed. Prac. & Proc. Civ. § 1958 (3d ed.) ("The court also may decide the motion without an evidentiary hearing if it determines it is not necessary.").

* * *

Accordingly, it is ORDERED that:

(1) Appellee Multibank 2009-1 CML-ADC Venture, LLC's motion to substitute (doc. no. 2) is granted.

(2) Pursuant to Federal Rule of Civil Procedure 25(c), NCP Bayou 2, LLC is substituted for Multibank 2009-1 CML-ADC Venture, LLC as appellee and plaintiff in this matter. The docket should reflect this substitution.

FootNotes


* Multibank has already served the appellant with a copy of the motion to substitute by electronic means. See Fed. R. Civ. P. 5(2)(E) (allowing service by electronic means).
Source:  Leagle

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