Tetra Financial Group v. Fire Brand of Gardner et al

Filing 39

ORDER granting 38 Motion to Substitute Party. Republic Bank added. Tetra Financial Group (a Utah limited liability company) terminated; granting 38 Motion to Alter Judgment. Signed by Judge Dale A. Kimball on 4/28/14. (jlw)

Richard F. Ensor (10877)
Michael C. Barnhill (12439)
Michael Best & Friedrich LLP
6995 Union Park Center, Suite 100
Salt Lake City, Utah 84047
Telephone: [phone]
Facsimile: [phone]
Attorney for Plaintiff Republic Bank, Inc.

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH, CENTRAL DIVISION

TETRA FINANCIAL GROUP, L.L.C., a Utah
limited liability company,
Plaintiff,
vs.
FIRE BRAND OF GARNDER, LLC, a
Kansas limited liability company, FIRE
BRAND PARAGOULD, LLC, an Arkansas
limited liability company, WILLIAM H.
POLLACK, a Tennessee citizen, and
SHELDON R. OXNER, a Kansas citizen,

MEMORANDUM DECISION AND
ORDER GRANTING MOTION FOR
SUBSTITUTION OF PARTIES AND
AMENDMENT OF DEFAULT
JUDGMENT
Case No. 2:10-cv-00565
Judge Paul M. Warner

Defendants.

Before the Court is Plaintiff Assignee Republic Bank, Inc.’s (“Republic Bank”)
Motion for Substitution of Parties and Amendment of Final Judgment. (Docket No. [18]). Republic
Bank moves pursuant to Fed. R. Civ. P. 25(c) which allows for substitution of parties when a transfer
of interest occurs. This Rule states:

Transfer of Interest. If 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. The motion must be served as provided in Rule
25(a)(3).

Based upon the filings of Republic Bank in support of its motion, the Court finds that the
requirements of service under Rule 25(a)(3) have been met. Republic Bank filed the instant
motion on April 23, 2014, and as of the date of this decision there has been no opposition filed.
Local Rule 7-1(d) provides that the Court may grant a motion if there is no opposition filed. See
DUCivR 7-1(d) (2011). Thus, failure to file any opposition is another independent basis for the
Court to grant Republic Bank’s motion.
Effective April 9, 2014, Tetra Financial Group, LLC (“Tetra”) assigned to Republic Bank
all of its rights and interests in the following Default Judgment (Docket No. [18]) entered against
the Defendants listed below:
Default Judgment (Docket No. [18]) entered against the Defendants on September 7,
2010. The Defendants are:
1. Fire Brand of Gardner, LLC,
2. Fire Brand Paragould, LLC,
3. William H. Pollack, and
4. Sheldon R. Oxner.
Therefore, in light of the assignment of rights in this suit from original Plaintiff Tetra to
Republic Bank, the Court finds Republic Bank’s request for substitution of parties under Rule 25
is well taken.

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ORDER
Accordingly, for those reasons fully set forth in Republic Bank’s memorandum in
support of its motion, finding good cause shown, and pursuant to Rule 25(c), the Court GRANTS
Republic Bank’s Motion for Substitution of Parties and Amendment of Final Judgment. The
Clerk of the Court is directed to make the necessary changes to the Final Judgment and all future
pleadings are to reflect the substitutions.
DATED this 28th day of April, 2014.
UNITED STATES DISTRICT COURT

By: _________________________________
Hon. Dale A. Kimball
United States District Court Judge

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