Repeat Boutique, LLC v. Tolteca Land, LLC, 1:18CV00047-GHD-DAS. (2018)
Court: District Court, N.D. Mississippi
Number: infdco20180606834
Visitors: 7
Filed: May 29, 2018
Latest Update: May 29, 2018
Summary: ORDER GRANTING JOINT MOTION TO SUBSTITUTE DEFENDANT AND DISMISSAL WITH PREJUDICE OF INCORRECTLY NAMED DEFENDANT TOLTECA LAND, LLC dba TOLTECA FOOD SERVICE GLEN H. DAVIDSON , District Judge . Upon motion of the parties, for an order allowing the substitution of and dismissal with prejudice of the incorrectly named Defendant, Tolteca Land, LLC dba Tolteca Food Services [18] and the Court being advised that the motion before this Court is a joint motion by the parties; IT IS, THEREFORE, ORDE
Summary: ORDER GRANTING JOINT MOTION TO SUBSTITUTE DEFENDANT AND DISMISSAL WITH PREJUDICE OF INCORRECTLY NAMED DEFENDANT TOLTECA LAND, LLC dba TOLTECA FOOD SERVICE GLEN H. DAVIDSON , District Judge . Upon motion of the parties, for an order allowing the substitution of and dismissal with prejudice of the incorrectly named Defendant, Tolteca Land, LLC dba Tolteca Food Services [18] and the Court being advised that the motion before this Court is a joint motion by the parties; IT IS, THEREFORE, ORDER..
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ORDER GRANTING JOINT MOTION TO SUBSTITUTE DEFENDANT AND DISMISSAL WITH PREJUDICE OF INCORRECTLY NAMED DEFENDANT TOLTECA LAND, LLC dba TOLTECA FOOD SERVICE
GLEN H. DAVIDSON, District Judge.
Upon motion of the parties, for an order allowing the substitution of and dismissal with prejudice of the incorrectly named Defendant, Tolteca Land, LLC dba Tolteca Food Services [18] and the Court being advised that the motion before this Court is a joint motion by the parties;
IT IS, THEREFORE, ORDERED AND ADJUDGED the motion is GRANTED. The improperly named Defendant Tolteca Land, LLC dba Tolteca Food Service shall and hereby is substituted with the name of Montezuma's Revenge, Inc. as the proper Defendant in this matter.
IT IS FURTHER ORDERED AND ADJUDGED that Tolteca Land, LLC dba Tolteca Food Services motion to dismiss [10] is GRANTED. The Court dismisses with prejudice the incorrectly named Defendant, Tolteca Land, LLC dba Tolteca Food Services.
FootNotes
1. Tolteca Land, LLC is incorrectly named in the Complaint as Tolteca Land LLC dba Tolteca Food Service. Furthermore, Tolteca Land LLC has no involvement in this matter and is improperly named and joined. Defendants do not waive and specifically reserve any and all rights and defenses, including though not limited to those available pursuant to F.R.C.P. 12 or otherwise.
Source: Leagle