Regions Bank v. Kearney et al

Filing 209

ORDER ATTACHED granting 208 Motion to Substitute Party. Regions Bank (an Alabama state chartered bank, as successor-in-interest to AmSouth Bank) terminated. The clerk is directed to carry out the directives in the attached order and to effectuate the substitution. Counsel Frank Miranda shall file a notice of appearance on or before the scheduled status conference or case will be subject to dismissal without prejudice. Signed by Judge Richard A. Lazzara on 5/6/2015. (CCB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

REGIONS BANK, an Alabama state chartered
bank, as successor-in-interest to AmSouth Bank,
Plaintiff,
v.

CASE NO: 8:13-cv-2627-T-26TBM

BING CHARLES W. KEARNEY, JR., and
TONYA NUHFER KEARNEY,
Defendants.
/

ORDER
UPON DUE CONSIDERATION of the procedural history of this case, it is ordered
and adjudged that the Unopposed Joint Motion to Substitute Party Plaintiff and Amend Case
Caption (Dkt. 208) is granted. FTBB, LLC, a Delaware limited liability company, is substituted
as Plaintiff in this case in place of Regions Bank, an Alabama state chartered bank, as successor
in interest to AmSouth Bank. The Clerk shall amend the case caption to reflect this substitution.
The Court puts the newly substituted Plaintiff on notice that the fact that the party
Plaintiff in this case has changed will not be grounds for a continuation of the non-jury trial of
this case which the Court will schedule for a date certain in June at the status conference
scheduled for May 14, 2015, at 9:30 a.m. The Court fully expects the new Plaintiff to be
prepared to try this case when set for trial in June.

The Court also puts the newly substituted Plaintiff on notice pursuant to Local Rule
2.03(e) that as a corporate entity it cannot proceed pro se but must be represented by counsel
authorized to practice before this Court. Consequently, newly substituted Plaintiff shall cause
such counsel to file a notice of appearance on or before the status conference, failing which this
case will be subject to dismissal without prejudice. See Palazzo v. Gulf Oil Corp., 764 F.2d
1381, 1384-86 (11th Cir. 1985).
In order to notify the newly substituted Plaintiff of the entry of this order, the Clerk is
directed to send a copy of this order by electronic mail to the attorney listed as the newly
substituted Plaintiff’s attorney on the motion: Frank Charles Miranda, [e-mail]. The
Court will also send a copy of this order by facsimile to this attorney.
Finally, Regions Bank and Anthony & Partners, LLC, shall have no further claim or
responsibility in this case.

DONE AND ORDERED at Tampa, Florida, on May 6, 2015.

s/Richard A. Lazzara
RICHARD A. LAZZARA
UNITED STATES DISTRICT JUDGE

COPIES FURNISHED TO:

Counsel of Record
Frank Charles Miranda, Esq., by facsimile and by electronic mail

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