Wirum v. 0713401 B.C. Ltd et al

Filing 13

ORDER by Judge Samuel Conti granting 5 Motion to Substitute Party. (sclc1, COURT STAFF) (Filed on 8/25/2010)

Wirum v. 0713401 B.C. Ltd et al

Doc. 13

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For the Northern District of California

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

ANDREA WIRUM, Trustee in Bankruptcy of the Estate of PLUSFIVE HOLDINGS, L.P., Plaintiff, v. 0713401 B.C. Ltd., a foreign entity, and SHARRIE CUTSHALL, Defendants.

United States District Court

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) Case No. 10-1561 SC ) ) ORDER GRANTING ) MOTION TO SUBSTITUTE PARTY ) ) ) ) ) ) ) ) )

Now before the Court is a motion by Plaintiff Andrea Wirum, Trustee in Bankruptcy for PlusFive Holdings, L.P. ("PlusFive Holdings"), to substitute PlusFive Claims, LLC ("PlusFive Claims") as the Plaintiff in this action. ECF No. 5 ("Mot."). Defendants

0713401 B.C. Ltd. and Sharrie Cutshall ("Defendants") have not filed a response to this Motion. PlusFive Holdings' suit arises out of its pending bankruptcy proceeding. No. 06-10307 (Bankr. N.D. Cal.). PlusFive Holdings

claims that Defendants are alter egos that jointly owe it money in unpaid promissory notes. ECF No. 1 ("Compl.") ¶¶ 10, 20. PlusFive

Holdings now seeks to substitute PlusFive Claims as the Plaintiff in this action, and attach in support of their Motion an order by U.S. Bankruptcy Judge Alan Jaroslovsky authorizing PlusFive Holdings to assign its claims against Defendants to PlusFive

Dockets.Justia.com

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For the Northern District of California

Claims.

Order Authorizing Sale of Intangible Assets, No. 06-10307

(Bankr. N.D. Cal. May 4, 2010), ECF No. 6-1. PlusFive Holdings makes this Motion pursuant to Rule 25(c) of the Federal Rules of Civil Procedure, which provides: "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. 25(a)(3)." The motion must be served as provided in Rule

Rule 25(a)(3) states: "A motion to substitute, together

with a notice of hearing, must be served on the parties as provided in Rule 5 and on nonparties as provided in Rule 4." On June 9,

United States District Court

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2010, PlusFive Holdings served Defendants with its Complaint, Summons, and Motion to Substitute -- which included a notice of hearing -- and it has filed a Proof of Service with the Court. No. 8 ("Proof of Service"). Because PlusFive Holdings has complied with Rule 25(c), the Court GRANTS its Motion to Substitute. Andrea Wirum, Trustee in ECF

Bankruptcy for PlusFive Holdings, L.P., shall be removed as Plaintiff. PlusFive Claims, LLC, shall be added as Plaintiff.

PlusFive Claims, LLC, shall serve this Order on Defendants 0713401 B.C. Ltd. and Sharrie Cutshall and file with the Court a Proof of Service within five (5) days of this Order.

IT IS SO ORDERED.

Dated: August 25, 2010 UNITED STATES DISTRICT JUDGE

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