Arch Bay Holdings, LLC - Series 2009B v. Connor et al

Filing 44

ORDER granting 37 Motion to Substitute Party. Signed by Magistrate Judge Donald G. Wilkerson on 8/3/2011. (hbs)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
ARCH BAY HOLDINGS, LLC – SERIES
2009B,

)
)
)
Plaintiff,
)
)
v.
)
)
LINDA R. CONNOR, GEORGE A. COLLINS )
& SONS, INC., UNITED STATES OF
)
AMERICA, EUGENE CONNOR,
)
UNKNOWN HEIRS AND LEGATEES OF
)
LINDA R. CONNOR, and UNKNOWN
)
OWNERS AND NON-RECORD
)
CLAIMANTS,
)
)
Defendants.
)

Case No. 3:10-cv-859-MJR-DGW

ORDER
Now pending before the Court is a Motion to Substitute Plaintiff filed by Plaintiff Arch
Bay Holdings, LLC – Series 2009B (“Arch Bay”) (Doc. 37). Plaintiff Arch Bay indicates that the
mortgage underlying this action was assigned to Deutsche Bank National Trust Company, as
Indenture Trustee of the Arch Bay Asset-Backed Securities Trust 2010-2, on December 2, 2010,
and recorded on January 24, 2011. Plaintiff Arch Bay asks, therefore, that Deutsche Bank
National Trust Company, as Indenture Trustee of the Arch Bay Asset-Backed Securities Trust
2010-2, be substituted as the Plaintiff in the action. Defendant, The United States of America, has
responded in opposition to the motion, arguing that in light of the mortgage transfer, the Plaintiff
does not have standing to bring the action (Doc. 41). In reply, Plaintiff clarifies that it seeks
substitution pursuant to Fed. R. Civ. P. 25(c).
Fed. R. Civ. P. 25(c) authorizes substitution of the transferee when an interest is transferred
from one party to another. Substitution is not required, but the Court may, upon motion,

substitute or join the party to whom the interest was transferred. Id.

Based upon the

representation of the Plaintiff and exhibits attached to the motion showing the transfer of interest,
the motion is GRANTED. The Clerk shall SUBSTITUTE Deutsche Bank National Trust
Company, as Indenture Trustee of the Arch Bay Asset-Backed Securities Trust 2010-2, for Arch
Bay Holdings, LLC – Series 2009B, as Plaintiff in the action.
IT IS SO ORDERED.
DATED: August 3, 2011

DONALD G. WILKERSON
United States Magistrate Judge

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