Pine Knoll Partners, LLC v. Munden et al

Filing 18

ORDER granting 15 Motion to Substitute Party. Signed by Chief Judge James C. Dever III on 7/28/2013. The docket sheet has been updated to reflect Anne Munden, in her capacity as Executrix of the Estate of John P. Munden. (Sawyer, D.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
EASTERN DIVISION
CIVIL ACTION FILE NO. 4:13-cv-00135
PINE KNOLL PARTNERS, LLC, successorin-interest to BANK OF AMERICA, N.A.,
Plaintiff

)
)
)
)

v.
ANNE MUNDEN, in her capacity as
Executrix ofthe ESTATE OF JOHN P.
MUNDEN and JOHN W. GAINEY, III,
Defendants

)
)
)
)
)
)

ORDER ALLOWING NOTICE OF
DEATH AND JOINT MOTION FOR
SUBSTITUTION OF PARTY

This cause came on to be heard and was heard by the undersigned on the Notice
of Death and Joint Motion for Substitution of Party ("Motion") filed by the Plaintiff and
Defendant John P. Munden pursuant to Rule 25(a) of the Federal Rules of Civil Procedure.
Upon review ofthe Motion, IT IS ORDERED, ADJUDGED, AND DECREED THAT:
1.

The Motion served as proper notice of the death of Defendant John P.

Munden, and no further notice in this action shall be required.
2.

Pursuant to Rule 25(a) of the Federal Rules of Civil Procedure, Anne

Munden, in her capacity as Executrix of the Estate of John P. Munden, shall be and hereby is
substituted as party-defendant for the late John P. Munden.
3.

All pleadings in this action from and after this Order shall refer to Anne

Munden, in her capacity as Executrix of the Estate of John P. Munden, as Defendant.
4.

By agreement of the parties, the filing ofthe Motion and the substitution

of parties under this Order shall constitute presentation of the Plaintiffs' claim, as set forth in its
Complaint in this matter, against the Estate of John P. Munden, currently pending for

administration in Carteret County, North Carolina, in accordance with North Carolina General
Statutes Chapter 28A, Article 19.
SO ORDERED. This

lB day of July 2013.