RUDISILL v. U.S., 5:13-CV-110-F. (2014)
Court: District Court, E.D. North Carolina
Number: infdco20140619a66
Visitors: 16
Filed: Jun. 18, 2014
Latest Update: Jun. 18, 2014
Summary: Order Granting Motion to Drop a Party JAMES C. FOX, District Judge. As indicated in the Order of this Court, docket entry 41 (DE 41 ), the plaintiff has moved the Court, pursuant to Rules 7 and 21 of the Federal Rules of Civii Procedure, for an Order to drop a party from this case and to amend the caption of the case accordingly and to mark the party as terminated from the action in the Clerk's records. Counsel for the defendant does not object to the motion and consents to the motion and this
Summary: Order Granting Motion to Drop a Party JAMES C. FOX, District Judge. As indicated in the Order of this Court, docket entry 41 (DE 41 ), the plaintiff has moved the Court, pursuant to Rules 7 and 21 of the Federal Rules of Civii Procedure, for an Order to drop a party from this case and to amend the caption of the case accordingly and to mark the party as terminated from the action in the Clerk's records. Counsel for the defendant does not object to the motion and consents to the motion and this ..
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Order Granting Motion to Drop a Party
JAMES C. FOX, District Judge.
As indicated in the Order of this Court, docket entry 41 (DE 41 ), the plaintiff has moved the Court, pursuant to Rules 7 and 21 of the Federal Rules of Civii Procedure, for an Order to drop a party from this case and to amend the caption of the case accordingly and to mark the party as terminated from the action in the Clerk's records. Counsel for the defendant does not object to the motion and consents to the motion and this order.
F.R. Civ. P. 21 provides in pertinent part that "[m]isjoinder of parties is not a ground for dismissing an action. On motion or on its own, the court may at any time, on just terms, add or drop a party." Accordingly, the Secretary of the Army, John McHugh, is hereby dropped and terminated as a party defendant and that the United States is the sole proper party defendant in this action Further, the caption of the case is directed to be amended accordingly, and the Clerk shall terminate McHugh in the records of the Court, leaving the United States as the party-defendant.
So Ordered.
Source: Leagle
