CERTUSBANK NA v. THAXTON NOTE ACQUISITION LLC et al

Filing 31

ORDER GRANTING 26 Motion to Substitute Party. RREF II CER CO Acquisitions, LLC is SUBSTITUTED as the Plaintiff in this action and shall be listed as the Plaintiff on all subsequent pleadings and filings in t his matter. Laurel Creek Spainhour and William K. Carmichael and the law firm Stokes Carmichael & Ernst LLP shall remain as counsel of record for Plaintiff RREF in this matter. It is further ORDERED that CertusBank is hereby RELEASED from this action without prejudice. Ordered by US DISTRICT JUDGE C ASHLEY ROYAL on 6/1/2016. (tlh)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
CERTUSBANK, N.A. (INC.), Assignee
of and Successor in Interest to the
Federal Deposit Insurance Corporation,
as Receiver for Atlantic Southern Bank,
Plaintiff,
v.
THAXTON NOTE ACQUISITION, LLC
CCS DEVELOPMENT, INC.,
GILLIARD TRUCKING, INC. and
KENNETH SAMS THAXTON,
Individually,
Defendants.

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CIVIL ACTION FILE
NO.:5:15-CV-143-CAR

ORDER GRANTING PLAINTIFF’S RULE 25(c) MOTION TO
SUBSTITUTE PARTY AS THE PLAINTIFF
On March 28, 2016, Plaintiff CertusBank, N.A.’s (Inc.) (“CertusBank”) filed
its Motion to Substitute RREF II CER CO Acquisitions, LLC (“RREF”) as the
Plaintiff pursuant to Fed.R.Civ.P. 25(c) following the transfer and assignment of
CertusBank’s interest in certain loan documents executed by Defendants Thaxton
Note Acquisition, LLC (“TNA”), CCS Development, Inc., Gilliard Trucking, Inc.
and Kenneth Sams Thaxton, Individually (“Thaxton”) to RREF as shown in the
Motion, Incorporated Memorandum of Law, and the attached/cited exhibits to same.

Having considered the Motion and Incorporated Memorandum of Law, the
exhibits attached and cited thereto, CertusBank’s Motion [Doc. 26] is hereby
GRANTED, and RREF II CER CO Acquisitions, LLC is SUBSTITUTED as
the Plaintiff in this action and shall be listed as the Plaintiff on all subsequent
pleadings and filings in this matter. Laurel Creek Spainhour and William K.
Carmichael and the law firm Stokes Carmichael & Ernst LLP shall remain as
counsel of record for Plaintiff RREF in this matter. It is further ORDERED that
CertusBank is hereby RELEASED from this action without prejudice.
This 1st day of June, 2016.
S/.

Presented By:
STOKES CARMICHAEL & ERNST LLP
By:

/s/ Laurel Creek Spainhour
William K. Carmichael
Georgia Bar No. 110600
Laurel Creek Spainhour
Georgia Bar No. 221577
Attorneys for Plaintiff
80 Peachtree Park Drive, N.E.
Atlanta, GA 30309-1320
Tel: [phone]
[e-mail]
[e-mail]
SCE File #15-03639

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S/ C. Ashley Royal
C. Ashley Royal
United States District Judge