Berlinger et al v. Wells Fargo, N.A. as Successor to Wachovia Bank, N.A.

Filing 539

ORDER granting 537 Well Fargo Bank, N.A.'s Unopposed Motion to Revalidate Trial Subpoenas. See Order for details. Signed by Magistrate Judge Carol Mirando on 1/25/2016. (ANW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
STACEY SUE BERLINGER, BRIAN
BRUCE BERLINGER and HEATHER
ANNE BERLINGER, as Beneficiaries
to the Rosa B. Schwiker Trust and all
of its related trusts
Plaintiffs,
v.

Case No: 2:11-cv-459-FtM-29CM

WELLS FARGO, N.A. AS
SUCCESSOR TO WACHOVIA
BANK, N.A.,
Defendant/Third
Party Plaintiff
BRUCE D. BERLINGER and
SUE CASSELBERRY,
Third Party Defendants.
____________________________________/
ORDER
Before the Court is Well Fargo Bank, N.A.’s Unopposed Motion to Revalidate
Trial Subpoenas (Doc. 537), filed on January 22, 2016. Defendant, Well Fargo Bank,
N.A. (“Wells Fargo”) moves to revalidate all subpoenas previously issued and/or
served for the trial of this matter. Doc. 537 at 1. This case was originally set for
trial term beginning January 2016 and Wells Fargo issued/served approximately 11
trial subpoenas which commanded that the witness appear for trial during the period
of January 20, 2016 through February 5, 2016. Id. at 1-2. On January 12, 2016,
the Court set this matter for trial to commence on February 2, 2016.

Id.

Accordingly, Wells Fargo requests that the Court revalidate the subpoenas previously
issued/served.

Id.

Wells Fargo states that Plaintiff has no objection to the

requested relief. Id. at 3.
ACCORDINGLY, it is hereby
ORDERED:
1.

Well Fargo Bank, N.A.’s Unopposed Motion to Revalidate Trial

Subpoenas (Doc. 537) is GRANTED.
2.

All trial subpoenas previously issued and/or served upon the witnesses

by Wells Fargo Bank, N.A.’s are revalidated for the trial commencing on February 2,
2016 at 9:00a.m. in Fort Myers Courtroom 6A before United States District Judge
John E. Steele.
3.

Wells Fargo Bank, N.A. may notify the witnesses of the revalidated trial

subpoenas by serving a copy of this Order by U.S. Mail or electronic service.
DONE and ORDERED in Fort Myers, Florida on this 25th day of January,
2016.

Copies:
Counsel of record

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