Augusta Investment Management, LLC v. Grunstad et al

Filing 12

ORDER Granting 8 Motion to Substitute Party. Carrington Mortgage Service, LLC substituted for Bank of America, N.A. (Successor by Merger). Signed by Magistrate Judge Nancy J. Koppe on 3/17/15. (Copies have been distributed pursuant to the NEF - TR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Pending before the Court is Defendant’s motion for substitution of party Defendant pursuant

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to Fed. R. Civ. P. 25(c). Docket No. 8. Federal Rule of Civil Procedure 25(c) provides that “[i]f an

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interest is transferred, the action may be continued by or against the original party unless the court,

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on motion, orders the transferee to be substituted in the action or joined with the original party.”

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Courts have discretion to grant substitution where the transferee’s presence “would facilitate the

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conduct of the litigation.” In re Bernal, 207 F.3d 595, 598 (9th Cir. 2000) (citing 7C Charles Alan

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Wright, Arthur R. Miller & Mary Kay Kane, Federal Practice and Procedure § 1958 (2d Ed.1986)).

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Defendant requests the Court to substitute Carrington for Defendant Bank of America, N.A.

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Docket No. 8. Defendant represents that, on January 21, 2015, Bank of America assigned the note

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and Deed of Trust to the subject property to Carrington. Id., at 2, Exhibit C. Defendant further

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represents that Bank of America no longer has any interest in the subject property. Id. On March

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16, 2015, Plaintiff filed a notice of non-opposition to Defendant’s motion. Docket No. 11.

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Accordingly, Defendant’s motion for substitution of party (Docket No. 8) is GRANTED.

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AUGUSTA INVESTMENT
MANAGEMENT, LLC,

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Plaintiff(s),
vs.

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DOMONIC GRUNSTAD, et al.,
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Defendant(s).

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ORDER
(Docket No. 8)

IT IS SO ORDERED.

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Case No. 2:15-cv-00125-GMN-NJK

DATED: March 17, 2015

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NANCY J. KOPPE
United States Magistrate Judge