Wells Fargo Bank NA v. Breakwater Equity Partners LLC et al

Filing 138

ORDER - IT IS ORDERED: 1. Defendants' motions to dismiss (Doc. 98 , 99 , 100 ) are denied as moot. 2. Plaintiff's motion to substitute 4801 East Washington Street Holdings, LLC as the real party in interest (Doc. 129 ) is granted. (See document for further details). Signed by Judge David G Campbell on 1/14/14. (LAD)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Wells Fargo Bank NA,
Plaintiff,

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ORDER

v.

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No. CV-13-01475-PHX-DGC

Breakwater Equity Partners LLC, et al.,

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Defendants.

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Multiple motions to dismiss the first amended complaint are pending in this case

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(Doc. 98, 99, 100), and have been joined by various Defendants (Docs. 111, 116). Wells

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Fargo has also moved to substitute a real party in interest. Doc. 129. Because the Court

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previously granted Plaintiff’s Motion to File a Second Amended Complaint (Doc. 117),

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and for the reasons that follow, the Court will deny as moot the motions to dismiss

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(Docs. 98, 99, 100), and grant the motion to substitute a real party in interest. (Doc.

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129)1

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I.

Motions to Dismiss the First Amended Complaint.

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Various Defendants have filed motions to dismiss alleging that Plaintiff

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improperly identified its own citizenship for purposes of diversity jurisdiction. Docs. 98,

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99, 100. Plaintiff alleges that “even if the citizenship of a trust is based on the citizenship

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of the trustee, diversity jurisdiction still exists because the trustee, Wells Fargo Bank,

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The request for oral argument is denied because the issues have been adequately
briefed and oral argument will not aid the Court’s decision. See Fed. R. Civ. P. 78(b);
Partridge v. Reich, 141 F.3d 920, 926 (9th Cir. 1998).

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N.A. is a citizen of South Dakota” and “none of the Defendants are citizens of South

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Dakota.” Id.

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II.

Motion to Substitute Real Party in Interest.

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Pursuant to Rule 17(a), Plaintiff has moved to substitute 4801 East Washington

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Street Holdings, LLC, as a real party in interest. Doc. 129 at 2. Defendants do not

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oppose the motion. Because the Court concludes that the real party in interest has been

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substituted within a reasonable time, the Court will grant Plaintiff’s motion.

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IT IS ORDERED:

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1.

Defendants’ motions to dismiss (Doc. 98, 99, 100) are denied as moot.

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2.

Plaintiff’s motion to substitute 4801 East Washington Street Holdings, LLC

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as the real party in interest (Doc. 129) is granted.
Dated this 14th day of January, 2014.

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