Amtrust Bank et al v. Lewis et al
Filing
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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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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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***
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FDIC, et al.,
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Plaintiffs,
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vs.
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2:10-cv-00439-JCM-VCF
REX H. LEWIS, et al.,
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ORDER
Defendants.
[RecoverEdge, L.P.’s Motion to Substitute as the
Real Party in Interest (#44)]
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Before the Court is RecoverEdge, L.P.’s Motion to Substitute as the Real Party in Interest (#44).
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On August 7, 2013, Plaintiffs filed the Motion to Substitute as the Real Party in Interest (#44) as one
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document with the Motion for Summary Judgment on Its Deficiency Claim and Motion to Dismiss or,
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Alternatively, Motion for Summary Judgment as to Defendants’ Counterclaims. The Clerk’s office
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docketed the document as three separate motions on the Court docket.
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RecoverEdge, L.P.’s Motion to Substitute as the Real Party in Interest (#44).
This Order addresses
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Plaintiff asserts that, “[c]ounsel has since learned that movant RecoverEdge is the assignee of the
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Jonah Loan and is therefore the real party in interest to pursue lender’s rights under that loan.” Id. at 2.
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Plaintiff seeks to substitute RecoverEdge as the real party in interest with respect to the Jonah Loan.
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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.”
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Accordingly,
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IT IS HEREBY ORDERED that Recoveredge, L.P.’s Motion to Substitute as the Real Party in
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Interest (#44) is GRANTED.
DATED this 12th day of September, 2013.
_________________________
CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE
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