HSBC Bank USA, National Association v. Resh et al

Filing 570

ORDER directing Third Party Plaintiffs to file a memorandum within 14 days regarding the effect Third Party Defendant Andrew Brosnac's status will have on this litigation and if the case can proceed while Mr. Brosnac is incarcerated. Signed by Judge Robert C. Chambers on 12/16/2015. (cc: counsel of record; any unrepresented parties) (jsa)

IN THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF WEST VIRGINIA
HUNTINGTON DIVISION

HSBC BANK USA,
NATIONAL ASSOCIATION,
Plaintiff and Counter Defendant,
v.

CIVIL ACTION NO. 3:12-cv-00668

RON RESH and
VALARIE REYNOLDS-RESH,
Defendants; Counter Claimants; Counter Defendants;
and Third Party Plaintiffs,
v.
REALTY CONCEPTS, LTD;
HELEN SULLIVAN; and
LAWYER’S TITLE INSURANCE CORPORATION,

Third Party Defendants; Counter Claimants; Cross Claimants; and
Cross Defendants,
and
ANDREW BROSNAC,
Third Party Defendant and Cross Defendant.
ORDER
The Court takes notice that Third Party Defendant Andrew Brosnac is currently
incarcerated and has not filed a Response to Third Party Plaintiffs’, Ronald Resh and Valarie
Reynolds-Resh, Motion for Summary Judgment against him. ECF No. 530. Due to Mr. Brosnac’s
incarceration, he is considered an incapacitated person under Rule 17(c) of the Federal Rules of
Civil Procedure. The Court DIRECTS Third Party Plaintiffs to file a memorandum within 14 days

regarding the effect Mr. Brosnac’s status will have on this litigation and if the case can proceed
while Mr. Brosnac is incarcerated.
The Court DIRECTS the Clerk to send a copy of this written Opinion and Order to counsel
of record and any unrepresented parties.

ENTER:

2

December 16, 2015