JOINT MOTION TO SUBSTITUTE PARTY-DEFENDANT

PEGGY A. LEEN, Magistrate Judge.

Plaintiff KAL-MOR-USA, LLC (KAL-MOR), and its counsel, Jason Martinez, Esq. of WEIL & DRAGE, together with Bank of America, N.A. (BANA), and its counsel Melanie D. Morgan, Esq. and of the law firm of AKERMAN LLP, move this Court for an order substituting U.S. Bank, National Association (U.S. Bank) as party-defendant in the place of BANA. In support, US. Bank and BANA state: trust at issue in the instant case to U.S. Bank, pursuant to an Assignment of Deed of Trust (Assignment) recorded in the Office of the Clark County Recorder as Instrument 201302010000394. A copy of the Assignment is attached as Exhibit A.

2. Based on the foregoing, U.S. Bank, as assignee from BANA, is now the owner and holder of the deed of trust at issue in the instant action and is therefore the real party in interest. As a result, U. S. Bank should be substituted for BANA as party-defendant.

3. As a result of the substitution of party-defendant, the case caption should be amended to read: KAL-MOR-USA, LLC, a Nevada limited liability company, Plaintiff, and U.S. Bank, National Association, Defendant.

4. No prejudice will result from the granting of this joint motion.

Plaintiff KAL-MOR and its counsel, Jason Martinez, Esq. of WEIL & DRAGE, and Defendant BANA and its counsel, Melanie D. Morgan, Esq. of Akerman LLP respectfully request this Court enter an order substituting U.S. Bank as party-defendant in the place of BANA and grant any other relief this Court deems just and proper.

ORDER

IT IS SO ORDERED.