Filed: Mar. 20, 2012
Latest Update: Mar. 20, 2012
Summary: ORDER THOMAS E. MORRIS, Magistrate Judge. This case is before the Court on Plaintiff's Motion to Substitute Parties and Amend Case Caption (Doc. #16). Initially one of the Defendants agreed to the sought relief, but the others declined to consent ( see Doc. #16 at 2; Doc. #19, Defendants' Response). Subsequently, however, the dissenting Defendants withdrew their opposition to Plaintiff's motion ( see Doc. #21, Notice of Withdrawal. . .) and Plaintiff advised all parties have agreed to the r
Summary: ORDER THOMAS E. MORRIS, Magistrate Judge. This case is before the Court on Plaintiff's Motion to Substitute Parties and Amend Case Caption (Doc. #16). Initially one of the Defendants agreed to the sought relief, but the others declined to consent ( see Doc. #16 at 2; Doc. #19, Defendants' Response). Subsequently, however, the dissenting Defendants withdrew their opposition to Plaintiff's motion ( see Doc. #21, Notice of Withdrawal. . .) and Plaintiff advised all parties have agreed to the re..
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ORDER
THOMAS E. MORRIS, Magistrate Judge.
This case is before the Court on Plaintiff's Motion to Substitute Parties and Amend Case Caption (Doc. #16). Initially one of the Defendants agreed to the sought relief, but the others declined to consent (see Doc. #16 at 2; Doc. #19, Defendants' Response). Subsequently, however, the dissenting Defendants withdrew their opposition to Plaintiff's motion (see Doc. #21, Notice of Withdrawal. . .) and Plaintiff advised all parties have agreed to the requested substitution (see Doc. #22).
Plaintiff avers it has sold its interest in the disputed Note and Mortgage in this action to ADC Venture 2011-2, LLC. Rule 25(c) of the Federal Rules of Civil Procedure provides:
Transfer of Interest. If an interest is transferred, the action may be continued by or against the original party unless the court, on motion, orders the transferee to be substituted in the action or joined with the original party. The motion must be served as provided in Rule 25(a)(3).
The transfer of interest must have occurred during the pendency of the litigation for this rule to apply. Andrews v. Lakeshore Rehab. Hosp., 140 F.2d 1405, 1407 (11th Cir. 1998). Here, the transfer of interest from the FDIC to ADC Venture 2011-2, LLC occurred on February 6, 2012, with an effective date of December 20, 2011 (see Doc. #18 at 3-5). The litigation in this matter was initiated on December September 23, 2011 (Doc. #1, Complaint). Thus, the requirements of Rule 25(c) have been met.
Accordingly, it is hereby ORDERED:
1. Plaintiff's Motion to Substitute Parties and Amend Case Caption (Doc. #16) is GRANTED.
2. The Clerk is directed to substitute the ADC Venture 2011-2, LLC as Plaintiff in the place of The Federal Deposit Insurance Corporation as Receiver of First Bank of Jacksonville in this action.
3. Counsel for ADC Venture 2011-2, LLC shall enter a notice of appearance as soon as practicable, but not later than April 3, 2012.
DONE AND ORDERED.
