Montgomery Bank, N.A. v. Asperilla et al

Filing 23

ORDER denying without prejudice 21 Plaintiff's Motion to Substitute Party Plaintiff for failure to comply with Local Rule 3.01(g). Signed by Magistrate Judge Carol Mirando on 6/21/2017. (HJ)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
MONTGOMERY BANK, N.A.,
Plaintiff,
v.

Case No: 2:17-cv-295-FtM-99CM

MARIANITO O. ASPERILLA, W.
M. MARSH, LINDA SUE MARSH,
A & M GROVES, EMERALD
GROVES, INC. and IBERIABANK,
Defendants.
ORDER
This matter comes before the Court upon review of Plaintiff's Motion to
Substitute Party Plaintiff (Doc. 21) filed on June 20, 2017.

Plaintiff seeks to

substitute Marsh Groves of Desoto County, LLC (“Marsh Groves”) as a plaintiff in
this matter pursuant to Rule 25(c) of the Federal Rules of Civil Procedure.

Doc. 21.

Plaintiff alleges that after it initiated this lawsuit to foreclose a mortgage lien on real
property on May 31, 2017, it assigned all of its right, tittle, and interest in the subject
mortgage to Marsh Groves.

Id. at 1; Doc. 1 ¶ 1.

Local Rule 3.01(g) requires that each motion filed in a civil case, with certain
enumerated exceptions not at issue here, contain a statement “stating whether
counsel agree on the resolution of the motion,” and further provides that a statement
to the effect that counsel for the moving party attempted to confer with counsel for
the opposing party but counsel was unavailable is “insufficient to satisfy the parties’
obligation to confer.”

M.D. Fla. R. 3.01(g).

Here, although on June 19, 2017,

counsel Hank B. Campbell, Esq. appeared as counsel of record for Defendants W.M.
Marsh, Linda Sue Marsh, A&M Groves a/k/a A&M Partnership, and Emerald Groves,
Inc., Plaintiff does not state whether it has conferred with the opposing counsel
regarding the present motion.

Docs. 19, 21.

As a result, the Court will deny

without prejudice the present motion for failure to comply with Local Rule 3.01(g).
ACCORDINGLY, it is hereby
ORDERED:
Plaintiff's Motion to Substitute Party Plaintiff (Doc. 21) is DENIED without
prejudice for failure to comply with Local Rule 3.01(g).
DONE and ORDERED in Fort Myers, Florida on this 21st day of June, 2017.

Copies:
Counsel of record

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