HSC MEDICAL INC.
v.
MASTERS
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The court granted the motion to substitute HSC Medical, Inc. as the party plaintiff and denied the joint request for an evidentiary hearing as moot.
Plaintiff BGX E-Health LLC filed a motion to substitute HSC Medical, Inc. as the party plaintiff, supported by an Assignment of Judgment and a Stipula…
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(Doc. No. 79)
FILED: January 22, 2024
THEREON it is ORDERED that the motion is GRANTED.
MOTION: JOINT REQUEST FOR EVIDENTIARY HEARING (Doc. No. 81)
FILED: January 22, 2024
THEREON it is ORDERED that the motion is DENIED as moot.
Upon review of the Motion to Substitute Party Plaintiff and attached Assignment of Judgment (Doc. Nos. 79, 79-1), as well as the Stipulation and Consent to Substitution of Party Plaintiff and Entry of Judgment in Garnishment (Doc. No. 85), the Motion (Doc. No. 79) is GRANTED. See also Fed. R. Civ. P. 25(c); Barker v. Jackson Nat. Life Ins. Co., 163 F.R.D. 364, 365 (N.D. Fla. 1995). The Clerk of Court is DIRECTED to amend the case caption to substitute HSC Medical, Inc., as the named Party-Plaintiff in this matter.
In light of the representations made in the Stipulation and Consent to Substitution of Party Plaintiff and Entry of Judgment in Garnishment (Doc. No. 85), as well as a review of the Confidential Settlement Agreement and Mutual General Release (Doc. No. 88, filed under seal), the Court finds that an evidentiary hearing is no longer required to resolve the pending Renewed Motion for Entry of Final Garnishment Judgment (Doc. No. 75).
[*2]Accordingly, the Joint Request for Evidentiary Hearing (Doc. No. 81) is DENIED AS MOOT. The undersigned will address the pending motion and stipulation regarding entry of a final judgment in garnishment by a separate report and recommendation to the Presiding District Judge.
DONE and ORDERED in Orlando, Florida on February 2, 2024.
Uslis Heran Price LESLIE HOFFMAN PRICE UNITED STATES MAGISTRATE JUDGE
Copies furnished to: Counsel of Record Unrepresented Parties
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HSC Med. Inc. v. Masters, 163 F.R.D. 364 (M.D. Fla. 2024)…os. 79, 79-1), as well as the Stipulation and Consent to Substitution of Party Plaintiff and Entry of Judgment in Garnishment (Doc. No. 85), the Motion (Doc. No. 79) is GRANTED. See also Fed. R. Civ. P. 25(c); Barker v. Jackson Nat. Life Ins. Co., 163 F.R.D. 364, 365 (N.D. Fla. 1995). The Clerk of Court is DIRECTED to amend the case caption to substitute HSC Medical, Inc., as the named Party-Plaintiff in this matter. In light of the representations made in the Stipulation and Consent to Substit…
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Wells Fargo Bank, NA v. Rosado (M.D. Fla. 2023)…ended complaint creates ‘an essentially new lawsuit.’” Clegg v. Bristol- Myers Squibb Co., 285 B.R. 23, 31 (M.D. Fla. 2002) (citation omitted) (Corrigan, Grain Co., Inc., 638 F. 2d 1357, 1361 (5th Cir. 1981); Barker v. Jackson Nat’l Life Ins. Co., 163 F.R.D. 364, 365 (N.D. Fla. 1995) (“Substitution under Rule 25(c) is purely a matter of convenience, and regardless of whether substitution is ordered, the respective substantive rights of the transferor or the transferee are not affected.”). No. 8:21-…
Authorities Cited
- HSC Med. Inc. v. Masters, 163 F.R.D. 364 (M.D. Fla. 2024)