Bell v. Disner et al

Filing 22

ORDER granting 21 Motion to Substitute Party. Signed by Magistrate Judge Philip R. Lammens on 11/14/2022. (AR)

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Case 5:21-mc-00011-JSM-PRL Document 22 Filed 11/14/22 Page 1 of 2 PageID 138 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA OCALA DIVISION KENNETH D. BELL and NATIONWIDE JUDGMENT RECOVERY, INC., in his capacity as court-appointed Receiver for Rex Venture Group, LLC dba ZeekRewards.com Plaintiffs, v. Case No: 5:21-mc-11-JSM-PRL TODD DISNER, TRUDY GILMOND, TRUDY GILMOND, LLC, JERRY NAPIER, DARREN MILLER, RHONDA GATES, DAVID SORRELLS, INNOVATION MARKETING, LLC, AARON ANDREWS, SHARA ANDREWS, GLOBAL INTERNET CORPORATION, T. LEMONT SILVER, KAREN SILVER, MICHAEL VAN LEEUWEN, DURANT BROCKETT, DAVID KETTNER, MARY KETTNER, P.A.W.S. CAPITAL MANAGEMENT LLC, LORI JEAN WEBER and ZEEKREWARDS.COM, Defendants. ORDER This case is before the Court on the motion for substitution of party filed by Nationwide Judgment Recovery, Inc. (Doc. 21). Nationwide Judgment Recovery, Inc., requests that this Court substitute Nationwide Judgment Recovery, Inc. as the named Plaintiff in this matter in place of Matthew Orso, as Successor Trustee to Kenneth D. Bell, in his capacity as Court Appointed Receiver for Rex Venture Group, LLC. Case 5:21-mc-00011-JSM-PRL Document 22 Filed 11/14/22 Page 2 of 2 PageID 139 As established by the motion and the exhibits to the motion, Nationwide Judgment Recovery, Inc. is the party in interest under Rule 25(c) of the Federal Rules of Civil Procedure. It is well settled that substitution is committed to the discretion of the court. “Substitution under Rule 25(c) is purely a matter of convenience, and regardless of whether substitution is ordered, the respective substantive rights of the transferor or the transferee are not affected.” Barker v. Jackson Nat. Life Ins. Co., 163 F.R.D. 364, 365 (N.D. Fla. 1995). Accordingly, the motion for substitution of party (Doc. 21) is GRANTED, and Nationwide Judgment Recovery, Inc. shall be substituted as the named Plaintiff in this matter in place of Matthew Orso, as Successor Trustee to Kenneth D. Bell, in his capacity as Court Appointed Receiver for Rex Venture Group, LLC. The Clerk is directed to take all steps necessary to effectuate the substitution of party on the docket. DONE and ORDERED in Ocala, Florida on November 14, 2022. Copies furnished to: Counsel of Record Unrepresented Parties -2-

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