SE Property Holdings, LLC v. Campbell

Filing 47

ORDER GRANTING 44 Motion for Substitution of Parties as set out. Radiance Capital Receivables Twelve, LLC, is substituted for SE Property Holdings, LLC, as the named Plf in this action. The Clerk is DIRECTED to provide a copy of this order to counsel for John F. Campbell as well as directly to John F. Campbell as set out. Signed by District Judge Terry F. Moorer on 11/20/2020. (copy mailed to Dft Campbell on 11/23/2021 at address provided in Doc. 44 ) (tot)

Case 1:13-cv-00238-TFM-C Document 47 Filed 11/23/20 Page 1 of 2

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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
SE PROPERTY HOLDINGS, LLC,
Plaintiff,
v.
JOHN F. CAMPBELL,
Defendant.

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CIV. ACT. NO. 1:13-cv-00238-TFM-C

ORDER
Pending before the Court is the Motion for Substitution of Parties (Doc. 44, filed 10/6/20)
filed by Radiance Capital Receivables Twelve, LLC. The motion requests that Radiance Capital
Receivables Twelve, LLC be substituted for SE Property Holdings, LLC as Plaintiff in this action.
In support, they attach a Bill of Sale showing that SE Property Holdings LLC did “sell, assign,
transfer and convey…all rights, title and interests” the debt as pertains to the judgment against
John F. Campbell in the amount of $317,135 to Radiance Capital Receivables Twelve, LLC.
Where an interest is transferred, Rule 25(c) permits an action to 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.” FED. R. CIV. P. 25(c). Rule 25 requires that a motion to
substitute be served on the parties and in accordance with Fed. R. Civ. P. 25(a)(3). Consequently,
Rule 25 also contemplates a hearing on a motion to substitute. See FED. R. CIV. P. 25(a)(3) (“A
motion to substitute, together with a notice of hearing, must be served on the parties”).
In this case, the matter has been concluded, but Radiance Capital Receivables Twelve, LLC
presumably seeks substitution to enforce collection on the judgment. The Court provided the
Defendant John F. Campbell the opportunity to show cause why the motion should not be granted

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and/or why a hearing may be needed. Defendant’s response to the motion to substitute was due
on or before November 13, 2020. No response was filed so the Court considers that the motion is
unopposed.
The Court reviewed the evidence attached to the motion. Based on the Bill of Sale, it is
clear that Radiance Capital Receivables Twelve, LLC is the successor in interest to SE Property
Holdings, LLC.

Therefore, the Motion for Substitution of Parties (Doc. 44) is GRANTED.

Radiance Capital Receivables Twelve, LLC is substituted for SE Property Holdings, LLC, as the
named Plaintiff in this action.
The Clerk of Court is DIRECTED to provide a copy of this order to the counsel listed on
the docket sheet for John F. Campbell as well as directly to John F. Campbell at the address
provided on the motion’s certificate of service. This matter remains otherwise closed.
DONE and ORDERED this the 20th day of November 2020.
/s/Terry F. Moorer
TERRY F. MOORER
UNITED STATES DISTRICT JUDGE

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