Amtrust Bank et al v. Lewis et al

Filing 50

ORDER Granting 44 Motion to Substitute Recoveredge, L.P.s as the Real Party in Interest. Signed by Magistrate Judge Cam Ferenbach on 9/12/2013. (Copies have been distributed pursuant to the NEF - SLR)

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1 2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 *** 5 6 FDIC, et al., 7 Plaintiffs, 8 vs. 9 2:10-cv-00439-JCM-VCF REX H. LEWIS, et al., 10 ORDER Defendants. [RecoverEdge, L.P.’s Motion to Substitute as the Real Party in Interest (#44)] 11 12 Before the Court is RecoverEdge, L.P.’s Motion to Substitute as the Real Party in Interest (#44). 13 On August 7, 2013, Plaintiffs filed the Motion to Substitute as the Real Party in Interest (#44) as one 14 document with the Motion for Summary Judgment on Its Deficiency Claim and Motion to Dismiss or, 15 Alternatively, Motion for Summary Judgment as to Defendants’ Counterclaims. The Clerk’s office 16 docketed the document as three separate motions on the Court docket. 17 RecoverEdge, L.P.’s Motion to Substitute as the Real Party in Interest (#44). This Order addresses 18 Plaintiff asserts that, “[c]ounsel has since learned that movant RecoverEdge is the assignee of the 19 Jonah Loan and is therefore the real party in interest to pursue lender’s rights under that loan.” Id. at 2. 20 Plaintiff seeks to substitute RecoverEdge as the real party in interest with respect to the Jonah Loan. 21 22 23 24 25 To date, no opposition has been filed to RecovEredge, L.P.’s Motion to Substitute as the Real Party in Interest (#44). Pursuant to LR 7-2 (d), “[t]he failure of an opposing party to file points and authorities in response to any motions shall constitute a consent to the granting of the motion.” 1 Accordingly, 2 IT IS HEREBY ORDERED that Recoveredge, L.P.’s Motion to Substitute as the Real Party in 3 4 Interest (#44) is GRANTED. DATED this 12th day of September, 2013. _________________________ CAM FERENBACH UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2

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