ACCESS FOR THE DISABLED, INC. et al v. MEYER JABARA HOTELS, LLC.

Filing 18

ORDER OF COURT denying without prejudice 17 Plaintiffs' CONSENT MOTION TO SUBSTITUTE DEFENDANT. Signed by Judge Terrence F. McVerry on 8/6/2010. (cdb)

ACCESS FOR THE DISABLED, INC. et al v. MEYER JABARA HOTELS, LLC.

Doc. 18

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA ACCESS FOR THE DISABLED, INC. ) a Florida not for profit corporation, and DENISE ) PAYNE Individually ) ) 2:10-cv-50 Plaintiffs, ) ) v ) MEYER JABARA HOTELS, LLC. ) A Foreign Corporation ) ) Defendant. ) ORDER OF COURT Pending before the Court is Plaintiffs' CONSENT MOTION TO SUBSTITUTE DEFENDANT, filed at Document Number 17, seeking to substitute Defendant in this civil action with HIPA Associates, LLC, a company recently appointed to serve as receiver for the commercial use property owned, leased, leased to, and/or operated by Defendant that is the subject of the Plaintiffs' claims. Counsel for Defendant consents to the motion. While a copy of the motion has been served on all parties, there is no indication that the motion has been served on HIPA Associates, LLC, a nonparty to the matter sub judice, as required under Federal Rule of Civil Procedure 25. As such, Plaintiffs' consent motion is hereby DENIED WITHOUT PREJUDICE. So ORDERED, this 6th day of August, 2010. BY THE COURT:

s/ Terrence F. McVerry United States District Court Judge

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Pete Marlin Monismith, Esquire Email: [e-mail] J. Freedley Hunsicker, Esquire Email: [e-mail]