Parenteau et al v. Century Bank, A Florida Corporation

Filing 199

ORDER granting 192 motion to substitute party. Signed by Magistrate Judge Norah McCann King on 5/02/13. (rew)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

MARSHA K. PARENTEAU, et al.,
Plaintiffs,
Civil Action 2:07-cv-851
Judge Watson
Magistrate Judge King

vs.
CENTURY BANK, A FLORIDA
CORPORATION,
Defendant.
ORDER

On February 26, 2013, plaintiff Marsha K. Parenteau filed a
motion to substitute plaintiff Thomas E. Parenteau as the party
trustee for the 4500 Dublin Road Living Trust, dated April 3, 2003,
(“the Trust”) in this action.

Doc. No. 192.

Although the docket

reflects that the parties, including plaintiff Thomas E. Parenteau,
have been served with a copy of this motion to substitute, there
nevertheless has been no response.
Rule 25 of the Federal Rules of Civil Procedure, which governs
substitution of parties, provides that “[i]f an interest is
transferred, the action may be continued by or against the original
party unless the court, on motion, orders the transferee to be
substituted in the action or joined with the original party.”

Fed. R.

Civ. P. 25(c).
On January 14, 2011, Thomas E. Parenteau, grantor and sole
beneficiary of the Trust, accepted Marsha K. Parenteau’s resignation
as trustee.

Exhibit A, PAGEID# 2225, attached to Doc. No. 192.

On

the same day, Thomas E. Parenteau was named trustee of the Trust.

Id.

Since his appointment, Thomas E. Parenteau has appeared in this
proceeding, represented by counsel, in his role as successor trustee
for the Trust.

See, e.g., Consent Judgment, Doc. No. 143, p. 5.

Under these circumstances, the Court concludes that substitution
of the parties is warranted.

Accordingly, plaintiff Marsha K.

Parenteau’s motion for substitution, Doc. No. 192, is GRANTED.
Plaintiff Thomas E. Parenteau is ORDERED SUBSTITUTED for plaintiff
Marsha K. Parenteau as the party trustee for the 4500 Dublin Road
Living Trust, dated April 3, 2003, in this action.

May 2, 2013

s/Norah McCann King
Norah McCann King
United States Magistrate Judge

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