MISHIYEV
v.
CIERRA
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The court granted the Bankruptcy Trustee's motion to substitute herself as the real party in interest and to prosecute claims on behalf of the LLC.
Plaintiff Mishiyev filed for bankruptcy after this lawsuit was initiated, and the lawsuit was disclosed in his bankruptcy schedules. The Chapter 7 Tru…
The full statement of facts, procedural history, and disposition for this case are member content.
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ELISEO CIERRA and IHEARTMEDIA INC.,
Defendants. /
ORDER1
Before the Court is the Bankruptcy Trustee’s Response to Order to Show Cause and Unopposed Motion for Substitution as a Real Party in Interest (Doc. 62). A little over two months after this case was filed, Erik Mishiyev filed for Chapter 7 bankruptcy relief. The bankruptcy schedules disclosed this lawsuit. In September, Beth Ann Scharrer was appointed as the Chapter 7 Trustee. Scharrer has appeared in this case through counsel on behalf of Short-E LLC (Doc. 56). She now moves to substitute herself, as Chapter 7 Trustee, as the real party in interest in place of Mishiyev and requests permission to prosecute
349 F. 3d 1289, 1292-93 (11th Cir. 2003), overruled on other grounds by, Slater v. United States Steel Corp., 871 F. 3d 1174 (11th Cir. 2017). As for Scharrer’s request for permission to prosecute the claims on behalf of Short-E, she represents that as the Trustee, she is the successor to
Mishiyev’s member and manager interests and now holds all interests in Short-E, and as such controls the litigation positions of Short-E as co-plaintiff. (Doc. 62 at ¶ 9). The Court notes that the Bankruptcy Court confirmed Scharrer’s authority to act on behalf of Short-E. In accordance with this authority and seeing no objection from Defendants, the request for permission is granted. Accordingly, it is now ORDERED: Bankruptcy Trustee’s Response to Order to Show Cause and Unopposed Motion for Substitution as Real Party in Interest (Doc. 62) is GRANTED. (1) Beth Ann Scharrer, as Chapter 7 Trustee, is SUBSTITUTED as the real party in interest in this case and in place of the original Plaintiff, Erik Mishiyev. (2) The Clerk of Court is DIRECTED to terminate Erik Mishiyev from the action and change the case style to reflect that Beth Ann Scharrer, as Chapter 7 Trustee, is a Plaintiff. (3) Ms. Scharrer, as Chapter 7 Trustee, by and through her undersigned counsel, may prosecute the claims on behalf of Plaintiff, Short-E,
LLC.
(4) Ms. Scharrer, as Chapter 7 Trustee, must SHOW CAUSE in writing, on or before November 30, 2021, what action (if any) should be taken at this time considering the automatic stay and respond to Defendants’ “Statement of Position” set forth in their Brief (Doc. 58 at 4). DONE and ORDERED in Fort Myers, Florida on November 12, 2021.
UNITED STATES DISTRICT JUDGE
Copies: All Parties of Record
Erik Mishiyev 5000 Culbreath Key Way Apt. 1317 Tampa, FL 33611
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Slater v. United States Steel Corp., 871 F.3d 1174 (11th Cir. 2017)
- Parker v. Wendy's Int'l, Inc., 365 F.3d 1268 (11th Cir. 2004)