PNC Bank, National Association v. Maranatha Properties, Inc. et al

Filing 77

ORDER granting 70 RH FL, LLC's Motion to Substitute Plaintiff and Counsel for Plaintiff. RH FL, LLC shall be substituted as Plaintiff in place of PNC Bank, National Association. The Clerk is directed to change the caption of this case to reflect the substitution of RH FL, LLC as Plaintiff. Counsel for PNC Bank, National Association is relieved as counsel for Plaintiff in this matter. Signed by Judge James S. Moody, Jr on 10/18/2016. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
PNC BANK, NATIONAL
ASSOCIATION,
Plaintiff,
v.

Case No: 5:15-cv-563-Oc-30PRL

MARANATHA PROPERTIES, INC.
and JUAN ADRIATICO,
Defendants.

ORDER
THIS CAUSE comes before the Court on RH FL, LLC’s Motion to Substitute
Plaintiff and Counsel for Plaintiff (Doc. 70), Defendants’ response in opposition (Doc. 73),
and RH FL, LLC’s reply (Doc. 76). The Court has considered these filings and the relevant
law, and concludes as follows:
RH FL, LLC filed a motion to substitute as Plaintiff for PNC Bank, National
Association (“PNC”), to which PNC consents. Defendants oppose the substitution, arguing
RH FL, LLC is not the original payee of the Note. Defendants further oppose the Court
granting summary judgment in favor of RH FL, LLC because RH FL, LLC’s motion did
not contain any sworn proof that it holds the Note.
The Court concludes RH FL, LLC’s motion should be granted. RH FL, LLC
sufficiently authenticated the transfer of interest in the Note from PNC. Defendants’
arguments are, therefore, without merit.

Upon review and consideration, it is therefore
ORDERED AND ADJUDGED that:
1.

RH FL, LLC’s Motion to Substitute Plaintiff and Counsel for Plaintiff (Doc.
70) is GRANTED.

2.

RH FL, LLC shall be substituted as Plaintiff in place of PNC Bank, National
Association.

3.

The Clerk is directed to change the caption of this case to reflect the
substitution of RH FL, LLC as Plaintiff.

4.

Counsel for PNC Bank, National Association is relieved as counsel for
Plaintiff in this matter.

DONE and ORDERED in Tampa, Florida, this 18th day of October, 2016.

Copies furnished to:
Counsel/Parties of Record

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